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Section 2 <br />Statewide Demographic, Economic, and Social Setting <br />2.4 Statewide Environmental <br />Setting <br />A brief overview of the physical and environmental <br />features of the state that may affect or be affected by <br />water development and management activities is <br />presented in this section. Basins that contain <br />environmentally sensitive areas, critical habitat areas, <br />and species that would affect or be affected by water <br />management and development practices are identified <br />Additional information on these topics is provided on a <br />basin level in Section 3. <br />Colorado has three distinct physical regions - the Great <br />Plains in eastern Colorado, the Rocky Mountains in <br />Central and Northwestern Colorado, and the Colorado <br />Plateau in Southwestern Colorado. Flat and rolling plains <br />and tablelands characterize the Great Plains. <br />Short-grass and mixed-grass prairie is scattered with <br />trees and shrubs and occasional valleys, canyons, or <br />mountains break the extensive view. The South Platte <br />River flows through the northern portion of the region <br />while the Arkansas River flows through the southern <br />region. To the west, the Rocky Mountains rise as high as <br />14,000 feet and have pronounced vegetational zonation. <br />The various zones, including alpine tundra, montane <br />forest, and dry, rocky slopes of the foothills, support a <br />variety of plants and animals. The rugged Colorado <br />Plateau consists of tablelands and mountains reaching <br />as high as 12,600 feet. The Colorado River cuts across <br />the north, adding even greater diversity to the <br />grasslands, woodlands, and mountains of the Plateau <br />(USGS 1998). <br />The State of Colorado has nearly 4 million acres of <br />designated wilderness in its more than 14 million acres of <br />national forest land (Colorado Foundation for Water <br />Education 2004), and includes pristine areas in both <br />mountain and plains environments. Environmentally <br />sensitive areas are present in national or state parks and <br />monuments, wilderness areas, national and state forests, <br />and other sensitive federal and state land uses. A <br />combination of these areas exists throughout each basin. <br />^ State species of special concern (not a statutory <br />category) <br />Various federal and/or state listed fish species are <br />present in the Arkansas, Colorado, Dolores/San Juan/ <br />San Miguel, Gunnison, Rio Grande, South Platte, and <br />Yampa/White/Green Basins. There are no federal and/or <br />state listed fish species found in the North Platte Basin. <br />Other threatened, endangered, or state species of <br />concern are also listed in each of the eight river basins. <br />See Section 3 for more detail. <br />2.5 Institutional and Regulatory <br />Setting <br />Water projects developed in Colorado will normally have <br />to comply with three significant federal laws: Federal <br />CWA, NEPA, and ESA. In the process of compliance <br />with these laws, other federal laws may come into play. <br />This section describes, in general terms, the federal and <br />local permitting process for water projects. In addition to <br />these, major federal regulatory special use permits may <br />be required if a project is located on federal land. There <br />are also local permits such as the 1041 permitting <br />process which many apply. Colorado Water Law, <br />including discussion on Colorado Water Rights, <br />Interstate Compacts, Equitable Apportionment Decrees, <br />Memoranda of Understanding, and specific tools within <br />the current legal framework of the Priority System that <br />can be used to address various water supply needs, are <br />discussed in Section 4. <br />2.5.1 Federal Clean Water Act <br />Two sections of the CWA normally apply to water project <br />development. Section 404 regulates the discharge of <br />dredged and fill materials into the waters of the United <br />States, including wetlands. A permit from USACE is <br />needed to conduct these activities. Section 401 requires <br />that any applicant for a federal permit will obtain a <br />certificate that any such discharge will comply with state <br />regulations, including water quality standards and other <br />element regulations. <br />2.5.1.1 Section 404 <br />Sensitive habitats identified include those of: <br />^ Federally-listed endangered species <br />^ State-listed threatened and endangered species <br />~ <br />$~ole'ri~ice Wo~e' $upplY Initia~ive <br />Section 404 of the federal CWA regulates the discharge <br />of fill material into waters of the United States, including <br />wetlands. Activities in waters of the United States that <br />are regulated include water resource projects such as <br />dams, diversions, and levees. <br />~~ <br />S:\REPORT\WORD PROCESSING\REPORT\S2 11-10.04.DOC 2-17 <br />