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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 />~~
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