Agenda item __, January 27-28, 2008 Board Meeting

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STATE OF COLORADO Colorado Water Conservation Board Department of Natural Resources 1313 Sherman Street, Room 721 Denver, Colorado 80203 Phone: (303) 866 -3441 FAX: (303) 866 -4474 www.cwcb.state.co.us MEMORANDUM TO: Colorado Water Conservation Board Members FROM: Dan McAuliffe Doug Robotham Randy Seaholm Ted Kowalski DATE: November 7, 2008 Bill Ritter, Jr. Governor Harris D. Sherman DNR Executive Director Jennifer L. Gimble CWCB Director Dan McAuliffe CWCB Deputy Director RE: Agenda Item January 27-28,2008 Board Meeting: Water Supply Protection - Native Species Conservation Trust Fund, Recommendations for FY 2009 -10 Background and Introduction HB 98 -1006 created the Native Species Conservation Trust Fund (SCTF). Each year, after consulting with the Colorado Water Conservation Board (CWCB) and its director, the Colorado Wildlife Commission and the director of the Colorado Division of Wildlife (CDOW) and a SCTF stakeholder group, the Executive Director of the Department of Natural Resources (DNR) must prepare a "species conservation eligibility list" (SCEL). The list must describe programs and associated costs that are eligible to receive funding. The SCEL is then sent to the General Assembly for review and modification as appropriate prior to the passage of the SCTF Bill for that year. We would note that in the early years following enactment of HB 98 -1006 that the General Assembly approved funding and authorized expenditures by joint resolution rather than formal legislation as is currently done. When the SCEL is submitted to the General Assembly, the DNR Executive Director must also provide a detailed report about the status of certain native species and the progress that has been made toward the recovery of those species. The report must include an assessment of habitat benefits attributable to activities that have been undertaken by the State and its partners. Recommendation Staff recommends, contingent upon appropriations that the Board (1) recommends the expenditures $14,000,000 from the SCTF for FY 09 -10 and forward that recommendation to the Executive Director of DNR, (2) Continue to seek additional funding for the SCTF, given that the SCTF is lacking sufficient funds to meet its obligations over the next few years, and (3) support increased coordination between DNR, CDOW and CWCB in the development of more detailed information on the SCTF expenditure history, and the long -term SCTF goals and funding needs. Flood Protection • Water Supply Planning and Finance • Stream and Lake Protection Water Supply Protection • Conservation and Drought Planning