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<br />wildlife cash funds and other funds available to the division. <br /> <br />(d) For the purpose of this subsection (2), construction <br />costs means the best estimate of the physical construction <br />costs as fixed by the Colorado water conservation board as of <br />the date of the grant appl ication. Costs should be 1 imited to <br />design, engineerin and physical construction nd wiTl not <br />inclu e t e costs of panning, financ' 0 enta <br />documer;.., atlOn, ml 19a 10n co ts, leg~l expenses, sise <br />~cquisltlon or water rlghts. <br /> <br />(3) Decisions relating to the official state mitigation <br />positio~ made pursuant to paragraph (c) of subsection (1) of <br />this SeCtion shall not be subject to judicial review. <br /> <br />(4) The board shall distribute mitigation and <br />enhancement grants reasonably anc equitably among water basins <br />toward the end that those projects soonsored by beneficiaries <br />east of the continental divide receive fifty percent of the <br />money granted and those projects sponsored by benefiCiaries <br />west of the continental divide receive fifty percent of the <br />money granted under this section. <br /> <br />SECTION 6. Appropriation. In addition to any other <br />appropriation, there is hereby appropriated, out of the <br />wildlife resources account or any other moneys available to <br />the Colorado water conservation board, for the fiscal year <br />beginning July 1, 1987, the~--e~eventy thousand five <br />hundred seventeen dollars (S70,517~d 1.0 FTE, or so much <br />thereof as may be necessary for ~rpose of making findings <br />regarding mitigation actions. <br /> <br />SoC,~ON 7, Effec,ive date a~plicability, ,his act <br />shall :ake effec: on oassage ana any applicant who has filed <br />en ~~o(icatjon ror, or received a permit for, a proposed water <br />orojec: as cf the effective date of this act may elect whether <br />to ~ar:~ciDare in the process set for~h in this act. The <br />provisiOns cf section 5 of this act found in section <br />J7-6C-l22.2, Coion~c 9,evisea Stat~tes. shall not apply to any <br />project exemo,ed pursuant to section S of this act found in <br />said section unless the orooonent of such project submits a <br />mi:iga:icn or enhanceme~: Jrooosal and ootains a mitigation or <br />e~ha~c=~ent ~ecommenG~~iGr. pursuan: to the ~rov;s;ons of <br />sec:icr. 5 of chis act as fOund in section 37-60-122.2, <br />Co:cr~CQ q~v~se~ Stdtutes. <br /> <br />SEC"CN 3. Safe:y ciause. The general <br /> <br />assembly hereby <br /> <br />'" <br />., <br />"'- <br /> <br />p~GE: 5-c':'JSE - NO. ,:S2 <br />