1. (1) Except as provided in subsection (3) of this section, money recovered through litigation by the state acting as trustee of natural resources pursuant to the federal act or the OPA is credited to the natural resource damage recovery fund, which fund is created. The department may expend the custodial money in the fund without further appropriation for purposes authorized by the federal act or the OPA, including the restoration, replacement, or acquisition of the equivalent of natural resources that have been injured, destroyed, or lost as a result of a release of a hazardous substance or oil. In addition, the department shall use the money in the natural resource damage recovery fund in a manner that is consistent with any judicial order, decree, or judgment governing the use of any particular recovery credited to the fund.
2. (2) Repealed.
3. (3) To the extent authorized by law, and consistent with a final judicial order or decree in any litigation by the state acting as trustee of natural resources pursuant to the federal act or the OPA, any recovery of natural resource damage assessment or other costs, including litigation costs and fees, shall be credited to the fund from which such costs were originally paid.
4. (4) Repealed.

5. (5)

   1. (a) For state fiscal years commencing on or before July 1, 2024, and on or after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the natural resource damage recovery fund to the natural resource damage recovery fund.
   2. (b) For the state fiscal year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the natural resource damage recovery fund to the general fund.

   3. (c)

      1. (I) On June 30, 2025, the state treasurer shall transfer six hundred twenty-four thousand six hundred seventeen dollars from the natural resource damage recovery fund to the general fund.
      2. (II) This subsection (5)(c) is repealed, effective July 1, 2026.

Source: L. 85: Entire section added, p. 918, § 3, effective July 1. L. 90: Entire section R&RE, p. 1350, § 2, effective July 1. L. 2005: (2) repealed, p. 287, § 33, effective August 8. L. 2007: (1) amended and (3) added, p. 325, § 1, effective April 2; (3) amended, p. 1504, § 2, effective May 31. L. 2010: (4) added, (HB 10-1325), ch. 30, p. 110, § 1, effective March 18. L. 2013: (1), (4)(b), and (4)(c) amended and (4)(b.5) added, (SB 13-113), ch. 84, p. 269, § 1, effective March 29. L. 2016: (1) and (3) amended, (SB 16-092), ch. 53, p. 125, § 5, effective August 10. L. 2025: (1) amended and (5) added, (SB 25-317), ch. 385, p. 2160, § 41, effective June 3.

Editor's note: Subsection (4)(c) provided for the repeal of subsection (4), effective July 1, 2020. (See L. 2013, p. 269.)

Cross references: For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.