Laserfiche WebLink
<br />responsibility ~f the state for fish and wildlife resources <br />found in and around state waters which are affected by the <br />construction, operation, or maintenance of water diversion, <br />delivery, or storage facilities, The general assembly hereby <br />declares that such fish and wildlife reSources are a matter of <br />statewide concern and that impacts on such reSources should be <br />mitigated by the project applicants in a reasonable. manner. <br />It is the intent of the general assembly that fish and <br />wildlife resources which are affeeted by the construction, <br />operation, or maintenance of water diversion, delivery, or <br />storage facilities which are permitted, licensed, Or receive <br />approval from the United States after the effective date of <br />this aet should be mitigated to the extent, and in a manner, <br />which is economically reasonable and maintains a balance <br />between the development of the state's water resources and the <br />protection of the state's fish and wildlife resources, <br /> <br />(b) Except as provided in this paragraph (b), the <br />applicant for any water diversion, delivery, or storage <br />facility which requires an application for a permit, license, <br />or other approval from the United States shall inform the <br />Colorado water conservation board, wildlife commission, and <br />division of wildlife of its application and submit a <br />mitigation proposal purSuant to this section. Exempted from <br />such requirement are the Animas-La Plata project, the Two <br />Forks dam and reservoir project, and the Homestake water <br />project for which definite plan reports and final <br />environmental impact statements have been aoproved or which <br />are awaiting appronl of the same, apoi icants for site <br />specific dredge and fill permits for c~erations not requiring <br />construction of a reservoir, and applicants for section 404 <br />federal nationwide Je~~i:s. If ~n appiican~ that is subject <br />to the provisicns of tnis section and ~he commission agree <br />upcn a mitigacion plan 7cr tee f~cilitj, the c~mmission shall <br />forward such egre~'11ent to the Colorado '.eter conserntion <br />board, dr-a the board s~al1 adop~ s~c~ aGreement dt i:5 next <br />meeting as the of;icial state oosi:ion on the mitigation <br />actions required of the ao~~ ;cant. In all cases :~e. <br />co~iss;on shal1 :~ocee~ expedi:iously a~d, no later than <br />sixty days frem the a~oiic~nt's notice, unless extended in <br />writing by the a~ol;c~nc, ~ake its evaluetion regarding the <br />probable impdc~ of :~e ~r:pcsed Tacili:y on fish a~d ~;ldl~f2 <br />resources anc their ~aj~:a~ and ~c ~a~= ::5 i=comme;,d~:~on <br />regarding such rels:r.abl: ~itig~:ion a::ior.s as may be needed. <br /> <br />(c) The ccmrnissicn's eval~a:ion ~nd ~rocosed mit;gat~cn <br />recommendation snall be "rans~it:ed to the Colcrado water <br />conservation board. The board witnin sixty days, unless <br />extended in wri:;ng by the iOOlic~nt, shal! either affirm "he <br />mitigaticn ;~c:mme;,ca:i:n cf th~ commissi8n as :~e official <br />state positior. 0r s~al1 mdk~ modif;ca:~or.s or additions <br />thereto suppor:ed Dj ~ mErnor1nc~~ :~a: ~e!s o~t :he bas~s rJr <br /> <br />PAGe: .l-HCUS~ af!' ~C'. :::2 <br />