Water Desalination Study And Report

First Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction SENATE BILL 23-262 LLS NO. 23-0199.01 Richard Sweetman x4333 SENATE SPONSORSHIP Priola and Mullica, Jaquez Lewis HOUSE SPONSORSHIP Ricks and Soper, Senate Committees House Committees Agriculture & Natural Resources Appropriations CONCERNING REQUIRING THE COLORADO WATER CONSERVATION BOARD TO STUDY THE FEASIBILITY OF WATER DESALINATION AS A POTENTIAL CONTRIBUTING SOLUTION TO THE CRISIS OF WATER SCARCITY IN THE COLORADO RIVER BASIN, AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.

The bill requires the Colorado water conservation board (CWCB) to perform a comprehensive literature review of existing research on the Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

SENATE Amended 2nd Reading April 21, 2023 (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) SENATE Bill Summary April 24, 2023 3rd Reading Unamended A BILL FOR AN ACT challenges and opportunities of desalination facilities in California or Mexico. The literature review must include a summary of the current status of research on desalination, including quantification of certain costs of and benefits that could be realized from the construction and perpetual operation of one or more water desalination facilities in California or Mexico, or both. On or before July 1, 2025, the CWCB must complete the study and submit a report of the CWCB's findings and recommendations to: ! The Colorado legislative committees of reference that consider water matters; ! The governor; and ! The bureau of reclamation in the federal department of the interior.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 37-60-136 as follows:

37-60-136. Study regarding feasibility of water desalination solutions for the Colorado river basin - legislative declaration - required considerations - report - repeal. (1) Legislative declaration.

(a) THE GENERAL ASSEMBLY FINDS THAT:

(I) THE COLORADO RIVER SYSTEM, WHICH SUPPLIES NEARLY FORTY MILLION PEOPLE ACROSS THE WESTERN UNITED STATES WITH DRINKING WATER AND IRRIGATES APPROXIMATELY FIVE MILLION ACRES OF FARMLAND, IS FACING HISTORIC LOWS AS A RESULT OF SUSTAINED DROUGHT CONDITIONS; AND

(II) THE SEVEN STATES OF THE COLORADO RIVER BASIN ARE STRUGGLING TO CONCEIVE AND IMPLEMENT ADEQUATE MEASURES TO REDUCE WATER USAGE, CONSERVE AVAILABLE WATER SUPPLIES, AND PLAN FOR A NEAR FUTURE WITH INCREASINGLY SCARCE WATER SUPPLIES.

(b) THE GENERAL ASSEMBLY ALSO FINDS THAT:

(I) DESALINATION FACILITIES HAVE BEEN SUCCESSFULLY CONSTRUCTED AND DEPLOYED IN THE UNITED STATES AND MANY OTHER NATIONS, INCLUDING AUSTRALIA, ISRAEL, QATAR, SINGAPORE, AND SAUDI ARABIA;

(II) THESE FACILITIES LOCATED ALONG COASTAL COMMUNITIES HAVE DEMONSTRATED THAT DESALINATION OF SEAWATER IS A VIABLE AND COST-EFFECTIVE WAY TO DEVELOP NEW SUPPLIES OF WATER THAT CAN BE SAFELY USED AS DRINKING WATER AND FOR OTHER BENEFICIAL PURPOSES;

(III) CALIFORNIA CURRENTLY HAS TWELVE WATER DESALINATION FACILITIES OPERATING OFF ITS COAST AND RECENTLY APPROVED THE INVESTMENT OF ONE HUNDRED FORTY MILLION DOLLARS TO CONSTRUCT A THIRTEENTH FACILITY CALLED THE DOHENY OCEAN DESALINATION PROJECT, WHICH IS EXPECTED TO SUPPLY FIVE MILLION GALLONS OF DRINKING WATER PER DAY FOR FORTY THOUSAND PEOPLE IN ORANGE COUNTY AND IS EXPECTED TO REDUCE THE COUNTY'S RELIANCE ON WATER IMPORTED THROUGH THE CALIFORNIA STATE WATER PROJECT AND FROM THE COLORADO RIVER BY UP TO SEVENTY PERCENT;

(IV) DESALINATION OPERATIONS IN CALIFORNIA AND MEXICO COULD REDUCE THE DEMANDS PLACED ON THE COLORADO RIVER BY LOWER BASIN STATES, INCLUDING CALIFORNIA AND ARIZONA, WHERE DESALINATED WATER CAN BE PUT TO BENEFICIAL USES; AND (V) ALTHOUGH DESALINATION OF SEAWATER WILL NOT SINGLE-HANDEDLY SOLVE THE CURRENT COLORADO RIVER CRISIS, ITS POTENTIAL AS A CONTRIBUTING SOLUTION HAS NOT BEEN FULLY DEVELOPED AND UTILIZED AND IS WORTH EXPLORING AND QUANTIFYING.

(c) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT IT IS IMPORTANT THAT THE BOARD STUDY AND REPORT ON THE FEASIBILITY OF BASIN-WIDE COOPERATION TO BUILD ADDITIONAL WATER DESALINATION FACILITIES AS A POTENTIAL CONTRIBUTING SOLUTION TO THE PROBLEM OF WATER SCARCITY IN THE COLORADO RIVER BASIN AND SHARE THAT INFORMATION WITH NEIGHBORING STATES IN THE BASIN.

(2) Literature review required. THE BOARD SHALL PERFORM A COMPREHENSIVE LITERATURE REVIEW OF EXISTING RESEARCH ON THE CHALLENGES AND OPPORTUNITIES OF DESALINATION FACILITIES IN CALIFORNIA OR MEXICO. THE LITERATURE REVIEW MUST INCLUDE A SUMMARY OF THE CURRENT STATUS OF RESEARCH AND IDENTIFICATION OF GAPS IN EXISTING RESEARCH ON THE FOLLOWING TOPICS AS THEY RELATE TO DESALINATION:

(a) COSTS ASSOCIATED WITH THE CONSTRUCTION OF WATER DESALINATION FACILITIES IN CALIFORNIA OR MEXICO;

(b) ANALYSIS OF THE ANNUAL COSTS OF OPERATING AND MAINTAINING WATER DESALINATION FACILITIES;

(c) THE AMOUNT OF SEAWATER THAT COULD BE DESALINATED ANNUALLY AND PUT TO BENEFICIAL USES IN CALIFORNIA AND ARIZONA;

(d) AN ESTIMATE OF THE AMOUNTS BY WHICH CALIFORNIA, ARIZONA, AND MEXICO COULD REDUCE THEIR RESPECTIVE USE OF WATER FROM THE COLORADO RIVER AS A RESULT OF IMPLEMENTING AND OPERATING DESALINATION FACILITIES;

(e) THE ROLE THAT RENEWABLE ENERGY MAY PLAY IN OPERATING AND BENEFITTING FROM DESALINATION FACILITIES;

(f) SEAWATER; AND THE ENVIRONMENTAL EFFECTS OF DESALINATION OF

(g) IDENTIFICATION OF POTENTIAL FUNDING SOURCES TO PAY START-UP COSTS, INCLUDING COSTS FOR THE CONSTRUCTION OF FACILITIES, INCLUDING CONSIDERATION OF PUBLIC AND PRIVATE FUNDING SOURCES IN EACH STATE WITHIN THE UPPER AND LOWER COLORADO RIVER BASINS.

(3) Report required. ON OR BEFORE JULY 1, 2025, THE BOARD SHALL COMPLETE THE LITERATURE REVIEW DESCRIBED IN SUBSECTION (2) OF THIS SECTION AND SUBMIT A REPORT OF THE BOARD'S FINDINGS AND RECOMMENDATIONS TO:

(a) THE AGRICULTURE, WATER, AND NATURAL RESOURCES COMMITTEE OF THE HOUSE OF REPRESENTATIVES, THE AGRICULTURE AND NATURAL RESOURCES COMMITTEE OF THE SENATE, AND THE WATER RESOURCES AND AGRICULTURE REVIEW COMMITTEE, OR TO ANY SUCCESSOR COMMITTEES;

(b) THE GOVERNOR; AND

(c) THE BUREAU OF RECLAMATION IN THE FEDERAL DEPARTMENT OF THE INTERIOR.

(4) Repeal. THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.

SECTION 2. Appropriation. For the 2023-24 state fiscal year, $50,000 is appropriated to the department of natural resources for use by the Colorado water conservation board. This appropriation is from the Colorado water conservation board construction fund created in section 37-60-121 (1)(a), C.R.S. To implement this act, the board may use this appropriation for operating expenses.

SECTION 3. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2024 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.