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�' � 1,exisNexis(TM) CD Page 1 of 3 <br />Document 1 of i <br />Source: <br />Colorado Statutes/TITLE 37 WATER AND IRRIGATION/WATER CONSERVATION BOARD AND <br />COMPACTS/General and Administrative/ARTICLE 60 COLORADO WATER CONSERVATION BOARD/PART 1 <br />GENERAL PROVISIONS/37-60-122.2. Fish and wildlife resources - legislative declaration - fish and wildlife <br />resources fund - authorization. <br />37-60-122.2. Fish and wildlife resources - legislative declaration - fish and wildlife resources <br />fund - authorization. <br />(1) (a) The general assembly hereby recognizes the responsibility of the state for fish and wildlife <br />resources found in and around state waters which are affected b� the construction, operation, or <br />maintenance of water diversion, delivery, or storage facilities. The general assembly hereby declares that <br />such fish and wildlife resources are a matter of statewide concern and that impacts on such resources <br />should be mitigated by the project applicants in a reasonable manner. It is the intent of the general <br />assembly that fish and wildlife resources that are affected by the construction, operation, or maintenance <br />of water diversion, delivery, or storage facilities should be mitigated to the extent, and in a manner, that <br />is economically reasonable and maintains a balance between the development of the state's water <br />resources and the protection of the state's fish and wildlife resources. <br />(b) Except as provided in this paxagraph (b), the applicant for any water diversion, delivery, or <br />storage facility which requires an application for a permit, license, or other approval from the United <br />States shall inform the Colorado water conservation board, wildlife commission, and division of wildlife <br />of its application and submit a mitigation proposal pursuant to this section. Exempted from such <br />requirement are the Animas-La Plata proj ect, the Two Forks dam and reservoir proj ect, and the <br />Homesta�e water project for which definite pIan reports and final environmental impact statements have <br />been approved or which are awaiting approval of the same, applicants for site specific dredge and fill <br />permits for operations not requiring construction of a reservoir, and applicants for section 404 federal <br />nationwide permits. If an applicant that is subject to the provisions of this section and the commission <br />agree upon a mitigation plan for the facility, the commission shall forward such agreement to the <br />Colorado water conservation board, and the board shall adopt such agreement at its next meeting as the <br />official state position on the mitigation actions required of the applicant. In all cases the commission <br />shall proceed expeditiously and, no later than sixty days from the applicant's notice, unless extended in <br />writing by the applicant, make its evaluation regarding the probable impact of the proposed facility on <br />fish and wildlife resources and their habitat and to make its recommendation regarding such reasonable <br />mitigation aetions as may be needed. <br />(c) The commission's evaluation and proposed mitigation recommendation shall be transmitted to <br />the Colorado water conservation board. The board within sixty days, unless extended in writing by the <br />applicant, shall either affirm the mitigation recommendation of the commission as the official state <br />position or shall make modifications or additions thereto supported by a memorandum that sets out the <br />basis for any changes made. Whenever modifications or additions are made by the board in the <br />commission's mitigation recommendation, the governor, within sixty days, shall affirm or modify the <br />mitigation recommendation which shall then be the official state position with respect to mitigation. The <br />official state position, established pursuant to this subsection (1) shall be communicated to each federal, <br />sfate, or other governmental agency from which the applicant must obtain a permit, license, or other <br />approval. <br />(2) (a) Moneys transferred to the fish and wildlife resources fund pursuant to . the provisions of <br />section 37-60-121 (6) are hereby continuously appropriated to the Colorado water conservation board <br />http://198.187.128.12/mbPrint/310f4516.htm 3/27/2006 <br />