LEG00058

• Bill Number: HB87-1158
• Year: 1987
• Title: Concerning Projects Funded by the CWCB Construction Fund and Relating to the Activities of the CWCB in Connection Therewith
• Legislation - Doc Type: Other CWCB Related Bills - Passed

any changes made, ~henever modifications or additions are
made by the board in the commission's mitigation
recommendation, the governor, within sixty days, shall affirm
or modify the mitigation recommendation which shall then be
the official state position with respect to mitigation. The
official state position, established pursuant to this
subsection (1) shall be cOmmunicated to each federal, state,
or other governmental agency from which the applicant must
obtain a permit, license, gr other approval.

(2) (a) Moneys transferred to the fish and wildlife
resourees account in the COlorado water conservation board
construction fund pursuant to the prov1s10ns of section
37-60-121 (6) are hereby continuously appropriated to the
Colorado water conservation board for the purpose of making
grants pursuant to this subsection (2) and for offsetting the
direct and indirect costs of the board for administering the
orants. Of the interest earned from the investment of the
~oneys in the account, fifty percent shall be credited to the
account and the remaining fifty percent shall be transferred
to the Colorado water resources and power development
authority. The state treaSurer and the controller shall
transfer the interest earnings due the authority to the
authority at the end of each fiscal year.

(b) To the extent that the cost of implementing the
mitigation .recommendation ~ade pursuant to subseetion (1) of
this section exceed ercent of the costs of a water
diversion de ivery, or s oraoe facilit., the board sha 1,
up e applicat10n of the ~pplicant, make a mitigation grant
to the applicant. The amocnt of the grant shall be sufficient
to pay for the mitigation retcmrner.da~icn as det2rmined by this
section to the extent requi~ed ~bove the appiicantls five
percent share. Any additional enhancement shall be at the
discretion and within the ~eans of the board. Unoer no
circumstance shall the ~ct~l amoun: of the gr~nt eXCeed five
percent of the constr"Ctl0n costs of the oroject, or De
. disbursed in install~en:s that exceed seventy oercent of the
amount of -he g~~nr ~u~ir.o a~y fiscal yea~. Any mit~gation
cost in excess of ten DerC~nt of tne construction costs of a
project sha 11 be. bo;;;; DY t~~ a~p 11 can:.

(c) An applican: may ao~ly for an enr.anc:me..t 9rar.: JY
submitting to ~he cammiss~on ~~d ~~e board an er.r,ancemen:
proposal for enhancing fish ~nd wildlife resources over and
above ~he levels eX~S:lng wi:hc~: suc~ faciiities. The
commission shall suomit its reccmmenda:ions on the prooosal to
the board for its ccns~d~ration. The board with the
concur:enc~ of the commission may a~ard ~ gran~ for fis~ a~d
wildlife enhanc2men:. Any Such 2nh~nce~e;.~ ~:ar.: ~1 I J be
Shared equally by t~e CJloraco ~~t2~ cons2~va:icn b0a~dls fish
and ~ildlife -resources acc~un~ ~nc :he divi3~=n :f wildlife's

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