5

• Board Meeting Date: 9/16/2008
• Description: IWMD Section - Wildlife Mitigation Trust Fund
• Board Meetings - Doc Type: Memo

STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
Fax: [phone]
www.cwcb.state.co.us
T~: CWCB Members Bill Ritter, Jr.
Governor
FROM: Er1C HeCOX & TOdd I)Oherty Harris D. Sherman
DNR Executive Director
Intrastate Water Management and Development Section
Jennifer L. Gimbel
CWCB Director
DATE: September 5, 2008
Dan McAuliffe
CWCB Deputy Director
SUBJECT: Agenda Item 5, September 16-17, 2008 Board Meeting
Fish and Wildlife Resources Fund
Recommendation
This is an informational item and no Board action is requested.
Introduction
Section 3 7-60-122.2, C.R.S. authorizes the Fish and Wildlife Resource Fund. This statute
contains provisions applicable to water projects seeking public funds as well as those requiring
certain federal permits whether or not they are using public funds.
The statute sets forth a clear plan of action for applicants for certain water projects. An applicant
for any water diversion, delivery, or storage facility requiring United States' approval, unless it is
one of the several exemptions listed in the statute, is required to first submit a Mitigation Plan to
the Wildlife Commission. If the applicant and the Wildlife Commission agree on the Mitigation
Plan it is forwarded to the CWCB. The CWCB must affirm the Mitigation Plan or make
modifications to the plan. If CWCB makes modifications, they are sent to the Governor who
may affirm or modify the mitigation plan, and which then becomes the official state position for
mitigation. CWCB Staff is working with the Division of Wildlife on how to handle this
procedurally.
Attached is a confidential attorney-client memorandum further describing CWCB's
responsibilities pursuant to this statute. A history of expenditures from the Fish and Wildlife
Mitigation Fund is also attached.
Attachments
Water Supply Protection • Watershed Protection & Flood Mitigation • Stream & Lake Protection • Water Supply Planning & Finance
Water Conservation & Drought Planning • Intrastate Water Management & Development