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WSP08493
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Last modified
7/29/2009 9:55:43 PM
Creation date
10/12/2006 3:00:34 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8210.110
Description
Colorado River-Colorado River Basin Organizations/Entities-Colorado River Water Users Association
State
CO
Date
12/17/1997
Author
CRWUA
Title
Colorado River Water Users Association-1997 Resolutions 97-1-97- 8- Annual Meeting December 17-19 1997 Ceasars Palace
Water Supply Pro - Doc Type
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<br />6 <br /> <br />1.614 <br />I <br /> <br />development of reasonable and prudent <br />alternatives, recovery plans and efforts to recover <br />the species shall be open to public participation. <br /> <br />ii, NEPA: Actions under the Act, including the <br />listing process, critical habitat designation, <br />preparation of cost benefit analysis and biological <br />opinions, and preparation of recovery plans, shall <br />be taken only after compliance with the National <br />Environmental Policy Act. <br /> <br />iii. Economic and Social Impacts: The Act shall be <br />implemented in a manner which minimizes <br />adverse social, customs, cultural and economic <br />impacts. <br /> <br />h. Periodic Review: The Act shall provide for periodic <br />review of species listing, critical habitat designation <br />and recovery plans to detennine if such actions <br />continue to be necessary for the continued existence <br />of a species. <br /> <br />I. Reconsideration: When petitioned by an affected <br />tribe, state legislature, or Governor, the federal <br />government shall take immediate steps to review, <br />document, reconsider and, where appropriate, rescind <br />previous action in the administration of the Act. <br />Such actions shall include public hearings in each <br />affected area. <br /> <br />3. Property Rights: <br /> <br />a. No Involuntary Appropriation: The Act shall not be <br />used or construed to permit or justify the involuntary <br />appropriation of property of others, including <br />contractual rights in existence at the time of a listing <br />of a species for any purpose. including but not <br />limited to, a taking of a properlY right for purposes of <br />mitigating federal action under the Act. <br /> <br />b, Fair Compensation: The federal government shall <br />fairly compensate properly owners when the Act <br />results in a taking of private properly. <br /> <br />7 <br /> <br />c. Federal "Standing" for Litigation: Individuals or <br />entities whose property or economic interest may be <br />adversely impacted by actions taken under the Act <br />shall have standing as parties in any litigation under <br />the Act and shall have "applicant" status in any <br />action under the Act, including Section 7 <br />consultations. <br /> <br />4. Interrelation With Other Laws: The Act shall be <br />carried out in a manner consistent with other federal <br />laws, authorities and purposes, including the trust <br />responsibility of the United States. The Act shall not <br />abrogate, supersede, supervene or supplant the <br />United States Constitution, Bill of Rights, other <br />federal law or state law regarding water or other <br />property rights. <br /> <br />Resolution No. 97-2 <br /> <br />CLEAN WATER ACT (CWA) <br /> <br />The CW A shall not be utilized to regulate anything other <br />than point and non-point sources of pollutants to waters of <br />the United States. <br /> <br />States Rights: <br /> <br />I. The CW A shall not supersede, abrogate or impair state <br />water rights. <br /> <br />2. No water rights arise in the United States or any other <br />person by virt~e of the CW A. <br /> <br />3. No federal agency or officer shall redefine, limit or <br />prohibit those uses of water authorized by state law as <br />beneficial. <br /> <br />4. No provision of the CW A shall prohibit or limit the <br />development of water legally allotted to a state. <br /> <br />5. No provisions of the CW A shall restrict any state in the <br />choice of its water law or the judicial or administrative <br />principles for making water allocations. <br />
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