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<br />construction management 0 f the proj ect, notwithstanding the provisions 0 f part 14 of article 30 of
<br />title 24, C.R.S.
<br />Source: L. 71: p. 1344,92. C.R.S. 1963: 9 149-1-22. L. 74: (l)(b) amended, p. 443, 91,
<br />effective March 21; (l)(d) added, p. 444, 9 1, effective Mm-ch 21. L. 79: (l)(a) to (l)(c)
<br />amended, p. 1362,92, effective July 1. L. 80: (1)(c) amended, p. 699, 93, effective May 2. L.
<br />81: (1)(c) amended, p. 1770,94, effective June 16. L. 85: (2) and (3) added, p. 1153,94,
<br />effective June 2. L. 92: (I)(a) amended, p. 2284, 9 5, effective May 27. L. 93: (l)(a) and (I)(b)
<br />amended, p. 3, 9 2, effective February 16. L. 96: (l)(a) repealed, p. 671, 9 27, effective August 7.
<br />Cross references: For the legislative declaration contained in the 1996 act repealing
<br />subsection (l)(a), see section I of chapter 141, Session Laws of Colorado 1996.
<br />Law reviews. For article. "Principles and Law of Colorado's Nontributary Ground Water", see 62 Den. U.
<br />L. Rev. 809 (/985).
<br />37-60-122.2. Fish and wildlife resources - legislative declaration - fish and wildlife
<br />resources account. (1) (a) The general assembly hereby recognizes the responsibility of the
<br />state for fish and wildlife' resources found in and around state waters which are affected by the
<br />construction, operation, or maintenance of water diversion, delivery, or storage facilities. The
<br />general assembly hereby declares that such fish and wildlife resources are a matter of statewide
<br />concern and that impacts on such resources should be mitigated by the project applicants in a
<br />reasonable manner. It is the intent of the general assembly that fish and wildlife resources that
<br />are affected by the construction, operation, or maintenance of water diversion, delivery, or
<br />storage facilities should be mitigated to the extent, and in a manner, that is economically
<br />reasonable and maintains a balance between the development of the state's water resources and
<br />the protection of the state's fish and wildlife resources. .
<br />(b) Except as provided in this paragraph (b), the applicant for any water diversion,
<br />delivery, or storage facility which requires an application for a permit, license, or other approval
<br />from the United States shall inform the Colorado water conservation board, wildlife commission,
<br />and division of wildlife of its application and submit a mitigation proposal pursuant to this
<br />section. Exempted from such requirement are the Animas-La Plata project, the Two Forks darn
<br />and reservoir project, and the Homestake water project for which definite plan reports and final
<br />environmental impact statements have been approved or which are awaiting approval of the
<br />same, applicants for site specific dredge and fill permits for operations not requiring construction
<br />of a reservoir, and applicants for section 404 federal nationwide permits. If an applicant that is
<br />subject to the provisions of this section and the commission agree upon a mitigation plan for the
<br />facility, the commission shall forward such agreement to the Colorado water conservation board,
<br />and the board shall adopt such agreement at its next meeting as the official state position on the
<br />mitigation actions required of the applicant. In all cases the commission shall proceed
<br />expeditiously and, ao later than sixty days from the applicant's notice, unless extended in wri~.ng
<br />by the applicant, make its evaluation regarding the probable impact of the proposed facility on
<br />fish and wildlife resources and their habitat and to make its recommendation regarding such
<br />reasonable mitigation actions as may be needed.
<br />(c) The commission's evaluation and proposed mitigation recommendation shall be
<br />transmitted to the Colorado water conservation board. The board within sixty days, unless
<br />extended in writing by the applicant, shall either affirm the mitigation recommendation of the
<br />commission as the official state position or shall make modifications or additions thereto
<br />supported by a memorandum that sets out the basis for any changes made. Whenever
<br />modifications or additions are made by the board in the commission's mitigation
<br />recommendation, the governor, within sixty days, shall affirm or modify the mitigation
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