1.0 AUTHORITY

Section 25-1-107(1) (x) (IX), Colorado Revised Statutes, was amended by Senate Bill 98-179 to create the Drinking Water Grant Program to provide financial assistance to eligible public water systems. Section 25-1-107(1)(x)(IX)(C) provides that the Board of Health shall promulgate rules for the administration of any appropriated grant funds and for prioritizing water treatment system projects based upon public health impact and compliance with applicable regulations.

2.0 PURPOSE

The purpose of the Drinking Water Grant Program is to provide financial assistance to governmental and not-for-profit public water systems serving populations of not more than 5,000 people for projects including consolidation, planning, design and/or construction of water treatment systems. The funding system is intended to identify those governmental and not-for-profit public water systems with public health impacts and drinking water compliance problems and that have financial needs.

3.0 DEFINITIONS

Section 1.2.2 of the Colorado Primary Drinking Water Regulations (CPDWR) contains additional definitions that may apply to this rule.

3.1 “Governmental Public Water Systems” - A public water system operated by any regional commission, county (representing unincorporated areas), water district, water and sanitation district, metropolitan district, special district, or municipality and serving a population of not more than 5,000 people.

3.2 “Not-For-Profit Public Water Systems” - Public water systems serving a population of not more than 5,000 people that are operated by entities such as homeowners associations that are registered as a nonprofit association or nonprofit corporation with the Colorado Secretary of State.

3.3 “Project” - A specific improvement to a public water system that may include planning, design, construction or consolidation.

3.4 “Public Water System” - A system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves at least twenty-five individuals.

4.0 PROJECT IDENTIFICATION PROCEDURES

4.1 Each year the Water Quality Control Division (Division) shall prepare an Intended Use Plan (Plan) for expending the appropriated grant funds available for that year. The Plan shall include eligible projects from the Drinking Water Revolving Fund (DWRF) project list and the Division of Local Government's Water Needs List Projects may also be identified through watershed groups, state field representatives, or individual public water systems and be included in the Plan after the Division has determined their eligibility.

4.2 Identified projects are deemed eligible for inclusion in the plan once they are assigned one of three categories with category “1” being the highest priority. The categories follow: Category 1. Public Health Impacts Category 2. Compliance with Drinking Water Regulations Category 3. Other Needs - such as: Storage and supply; systems beyond their useful/design life and in need of equipment replacement, rehabilitation or repair.(Fire protection will not be considered in determining eligible projects; however, it may be a considered when sizing the project.)

4.3 The Board of Hearth will schedule a meeting for public review and comment on the Plan. Each governmental and not-for-profit public water system in the proposed Plan and other interested parties will be notified of the public hearing. After considering all pertinent comments, the Board of Health shall approve the Plan no later than December 31 of each year.

4.4 Throughout the funding year, the Division will add eligible projects to the Plan that are ready to proceed.

5.0 FUNDING CRITERIA

5.1 Funding is dependent upon appropriations from the State Legislature and will be provided for eligible projects that may include consolidation costs, planning, design and/or construction costs. Funding may be provided when:

a) The public water system is ready to proceed with the project; and b) A grant application is submitted to the Division; the Division shall submit the application to the Division of Local Government for its review and determination of financial need; and c) Funds are available. If it is determined that the Drinking Water Grant Program lacks sufficient funds to cover grants for all eligible projects that are ready to proceed, projects will be funded beginning with the highest priority categories.