Use of SCTF Funds for PRRIP Purposes

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January 10, 2007 MEMORANDUM TO: Ted Kowalski Department of Natural Resources FROM: Peter J. Ampe Assistant Attorney General ? Natural Resources Section RE: Use of SCTF Funds to fund a DOW FTE for PRRIP Purposes You have requested an informal opinion as to whether or not funds from the Species Conservation Trust Fund (SCTF) may be used to fund a position with the Department of Wildlife (DOW) to maintain and operate equipment necessary for the re-regulation of water and other related tasks that meet a portion of Colorado's obligations under the Platte River Recovery Implementation Program (PRRIP). This memorandum is an informal opinion and represents only the opinion of the above Assistant Attorney General, based upon limited research and time constraints. This memorandum does not represent a Formal Opinion of the Attorney General. Short Answer: Yes, funds from the operations and maintenance account of the SCTF inay be used for this purpose. Analvsis and Discussion: House Bill 98-1006 created the SCTF. § 24-33-111, C.R.S. (2006). There, the General Assembly recognized the importance of conserving native species that have been listed or are candidate species for listing or that are likely to become candidate species for listing. § 24-33- 1l l(1), C.R.S. (2006). The General Assembly recognized that expenditures related to cooperative agreements, recovery programs and other programs designed to meet obligations under the Endangered Species Act meet the purposes of the Act. § 24-33-111(3)(b), C.R.S. (2006). The PRRIP is a recovery program as that term is used in § 24-33-111(3)(b), C.R.S. (2006). The General Assembly created the SCTF to carry out the purposes of section 24-33-1 l 1. § 24- 33-111(2), C.R.S. (2006). The SCTF is divided into two separate accounts, the operations and maintenance account and the capital account. Id. The moneys in the operation and maintenance account shall be for administrative and noncapital expenditures necessary for the