9377 ‎(2)‎

• UCREFRP Catalog Number: 9377
• Author: Colorado Water Workshop.
• Title: 16th Annual Colorado Water Workshop.
• USFW Year: 1991.
• USFW - Doc Type: Western State College.
• Copyright Material: NO

TIME PRIOR TO AN ACTUAL, TRANSACTION IN WHICH OWNERSHIP OR
CONTROL OF A RESOURCE IS TRANSFERRED OR IN WHICH CREDIT FOR
MITIGATION IS GRANTED AT THE REQUEST OF THE LANDOWNER.
NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROVIDE THE
DEPARTMENT WITH AUTHORITY TO INFRINGE UPON PRIVATE PROPERTY
RIGHTS, TO CONDEMN PROPERTY FOR ANY PURPOSE, OR TO TAKE ANY
ACTION WHICH MAY CONSTITUTE A TAKING OF PROPERTY.
(3) MAINTENANCE OF, AND ACCESS TO, LAND UPON A CHANGE OF
OWNERSHIP IS THE RESPONSIBILITY OF THE NEW OWNER, SUBJECT TO
SUCH CONTRACTUAL AGREEMENTS AS MAY BE REACHED BY THE PURCHASER
AND SELLER. RESTRICTIONS IN SUCH A CONTRACTUAL AGREEMENT
SHALL PERTAIN TO AND RUN WITH THE PROPERTY UPON SALE OF SUCH
PROPERTY.
(4) LANDS UNDER THE JURISDICTION OF THE COLORADO BOARD
OF LAND COMMISSIONERS SHALL NOT BE ELIGIBLE FOR ENROLLMENT IN
THE MITIGATION BANK.
37-85.5-105. Resource mitigation banking program - fees
- management guidelines. 1 a THE DEPARTMENT SHALL DEVELOP
AND IMPLEMENT A RESOURCE MITIGATION BANKING PROGRAM WITHIN THE
JOINT REVIEW PROCESS. THE DEPARTMENT IS AUTHORIZED TO ACCEPT
GIFTS, DONATIONS, OR GRANTS OF ANY KIND FROM ANY SOURCE TO
CARRY OUT THE PURPOSES OF THIS ARTICLE. THE MONEYS FROM SUCH
GIFTS, DONATIONS, AND GRANTS SHALL BE DEPOSITED IN THE
RESOURCE MITIGATION BANKING CASH FUND, WHICH IS HEREBY CREATED
IN THE STATE TREASURY. THE MONEYS IN SAID FUND SHALL BE
SUBJECT TO ANNUAL APPROPRIATIONS BY THE GENERAL ASSEMBLY FOR
THE PURPOSES OF THIS ARTICLE.
(b) THE DEPARTMENT MAY SET THE APPLICATION FEES PAYABLE
BY PERSONS AND PROJECT PROPONENTS PARTICIPATING IN THE PROGRAM
AS MAY BE REASONABLE AND NECESSARY FOR ADMINISTRATION OF THE
PROGRAM. HOWEVER, DEVELOPMENT AND IMPLEMENTATION OF THE
RESOURCE MITIGATION BANKING PROGRAM SHALL NOT PROCEED UNTIL
SUCH FUNDING IS OBTAINED.
(2) THE EXECUTIVE DIRECTOR SHALL ASSEMBLE A RESOURCE
MITIGATION BANKING TEAM COMPRISED OF REPRESENTATIVES FROM THE
DEPARTMENT OF NATURAL RESOURCES, THE DEPARTMENT OF
AGRICULTURE, THE AGRICULTURAL COMMISSION, THE MINED LAND
RECLAMATION BOARD, THE STATE FOREST SERVICE, THE WATER QUALITY
CONTROL COMMISSION AND DIVISION, THE DIVISION OF WILDLIFE, THE
DIVISION Of PARKS AND RECREATION, THE DIVISION OF LOCAL
GOVERNMENT, AND MEMBERS OF THE PUBLIC TO ASSIST THE EXECUTIVE
DIRECTOR IN DEVELOPMENT OF MANAGEMENT GUIDELINES THROUGH RULES
AND REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT FOR
THE IMPLEMENTATION AND ADMINISTRATION OF A RESOURCE MITIGATION
BANKING SYSTEM. THE RESOURCE MITIGATION BANKING TEAM SHALL
PRESENT ITS REPORT FOR REVIEW TO A JOINT COMMITTEE OF THE
SENATE AGRICULTURE, NATURAL RESOURCES AND ENERGY COMMITTEE,
PAGE 3-SENATE BILL 91-120