BOARD0116 - Laserfiche WebLink

Home Browse Search

,~~ ,/~.; .:/~ . .:'~-J~~'.Y recommendation which shall then be the official state position with respect to mitigation. The official state position, established pursuant to this subsection (I) shaH be communicated to each federal, state, Or other governmental agency from which the applicant must obtain a pennit, license, or other approval. (2) (a) Moneys transferred to the fish and wildlife resources account in the Colorado water conservati on board construction fund pursuant to the provisions of section 37-60-121 (6) are hereby continuously appropriated to the Colorado water conservation board for the PUrpose of making grants pursuant to this subsection (2) and for offsetting the direct and indirect costs of the board for administering the grants. The interest earned from the investment of the moneys in the account shall be credited to the account. (b) To the extent that the cost of implementing the mitigation recommendation made pursuant to subsection (1) of this section 'exceeds five percent of the costs of a water diversion, , delivery, or storage facility, the board shall, upon the application of the applicant, make a mitigation grant to the applicant. The amount of the grant shall be sufficient to pay for the mitigation recommendation as detennined by this section to the extent required above the applicant's five percent share. Any additional enhancement shall be at the discretion and within the means of the board. Under no circumstance shall the total amount of the grant exceed five percent of the construction costs of the project, or be disbursed in installments that exceed seventy percent of the amount of the grant during any fiscal year. Any mitigation cost in excess of ten percent of the construction costs of a project shall be borne by the applicant. (c) An applicant may apply for an enhancement grant by submitting to the commission and the board an enhancement proposal for enhancing fish and wildlife resources over and above the levels existing without such facilities. The commis~ion shall submit its recommendations on the proposal to the board for its consideration. The board with the concurrence of the commission may award a grant for fish and wildlife enhancement. Any such enhancement grant will be shared equally by the Colorado water conservation board's fish and wildlife resources account and the division of wildlife's wildlife cash funds and other funds available to the division. (d) For the purpose of this subsection (2), construction costs means the best estimate of the physical construction costs as fixed by the Colorado water conservation board as of the date of the grant application. Costs should be limited to design, engineering and physical construction and will not include the costs of planning, financing, and environmental documentation, mitigation costs, legal expenses, site acquisition or water rights. (e) Species recovery grants from the fish and wildlife r~sources account may be made for the PUI-pose of responding to needs of declining native species and to those species protected under the federal "Endangered Species Act of 1973 If, 16 US.C. sec. 1531, et seq" as amended, in a manner that will Carry out the state water policy. . :.: (f) Notwithstanding any provision of paragraph (a) of this subsection (2) to the contrary, on July 1, 1998, the state treasurer shall deduct one million dollars from the fish and wildlife resources account in the Colorado water conservation board construction fund and transfer such sum to the operation and maintenance account of the species conservation trust fund created in section 24-33-111 (2), C.R.S. (3) Decisions relating to the official state mitigation position made pursuant to paragraph (c) of subsection (1) of this section shall not be subj ect to judicial review. (4) The board shall distribute mitigation and enhancement grants reasonably and equitably among water basins toward the end that those projects sponsored by beneficiaries east ~ . . .