Move Giving Courts Role in Wildlife Flaps Clears House Panel: Rocky Mountain News

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By BERNY MORSON Rocky MountaI6 News Capitol Bureau Wildlife division recommenda- tions on habitat preservation could be appealed to state courts under a bill approved yesterday by the House agriculture. committee. The unusual proposal added to HB 1244 is the ,latest slap at the division, stemming from com- plaints that water projects have been delayed by efforts to pre- serve fish and wildlife habitat. Division director Jim Ruch said the committee "is trying to muzzle us so we can't recommend." Complaints about 'the division came'last week during testimony from rural and urban water dis- tricts and representatives of coun- ty commissioners. Tim Schultz, chairman of the state wildlife board, which over- sees the division, countered with instances in which ranchers alleg- edly drove bulldozers into pristine streams. Backed by sportsmen and environmentalists, Schultz argued that hunting and fishing bring more than $1 billion into the state each year. The division's recommendations . on preserving habitat are not bind- ing, but critics charge that power- ful federal agencies. frequently withhold dam permits based on di- vision concerns. The amended bill, by Rep. Bob court appeal of recommenda -1-1 shoemaker, . D- Ca�ion City, passed could cut both ways, as oppo'h'enta Also added was a directive to the could ask a court to order tougher recommendations. - wildlife board to devise guidelines "It's very, very. clear there ►y nest January on habitat recom- some people who are so afrdid'V nendations. The guidelines would the division of wildlife making ' rot become effective unless acted public appraisals .of fish-and{wziil . on by the legislature. life resources . that. they _; H y � "° The bill would. require the de- �l along, long way =to prev;tthe ines to take into account any in- ' division from doing that: 11411 1%071 tances of water projects creating - Ruch said -he knows of do osier • abitat, such as a reservoir that instance in which a stateA9 1 orde� s '6919 f+.i �,t ote that the. provision allowing Lure for enactment by e_ g,s - t�re..