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<br />conshuction fund, the board shall cause a feasibility
<br />report to be prepared on such proposed project if, in the
<br />discretion of the board, it appears to qualify for
<br />consideration under section 37-60-119. The board may
<br />also cause a feasibility report to be prepared on any
<br />other water project proposed in this state whether
<br />funded by the Colorado water conservation board
<br />construction fund or by any other source or entity or
<br />federal or state agency, and the board shall cooperate
<br />with any such entity or federal or state agency in the
<br />planning of such project. The board shall also cause
<br />any feasibility study to be made at the direction of the
<br />general assembly. For all such feasibility
<br />investigations, the board is authorized to commit or
<br />expend on a continuing basis ten percent of the moneys
<br />appropriated, credited, or otherwise applied to the
<br />construction fund authorized by section 37-60-121 prior
<br />to the execution and approval of any contract
<br />contemplated by paragraph (a) of this subsection (1);
<br />except that the cost of any feasibility investigation shall
<br />be considered a part of the total project cost if such
<br />project is subsequently constructed.
<br />(2) When a feasibility report prepared pursuant
<br />to paragraph (c) of subsection (1) of this section is
<br />funded in part by an entity or agency other than the
<br />board, then the board may, at its discretion and subject
<br />to such procedures as it deems appropriate, have such
<br />entity or agency select an engineer to provide the
<br />professional services needed to prepare such report,
<br />notwithstanding the provisions of part 14 of article 30 of
<br />title 24, CR.S.
<br />(3) When design and construction of a proj ect
<br />authorized pursuant to paragraph (b) of subsection (1) of
<br />this section is funded in part by an entity or agency
<br />other than the board, then the board may, at its
<br />discretion and subject to such procedures as it deems
<br />appropriate, have such entity or agency select an
<br />engineer to provide the professional services needed for
<br />the construction management of the project,
<br />notwithstanding the provisions of part 14 of article 30 of
<br />title 24, C.R.S.
<br />
<br />37-60-122.2. Fish and wildlife resources -legislative
<br />declaration - fish and wildlife resources fund -
<br />authorization. (1) (a) The general assembly hereby
<br />recognizes the responsibility of the state for fish and
<br />wildlife resources found in and around state waters
<br />which are affected by the construction, operation, or
<br />maintenance of water diversion, delivery, or storage
<br />facilities. The general assembly hereby declares that
<br />such fish and wildlife resources are a matter of
<br />statewide concern and that impacts on such resources
<br />should be mitigated by the project applicants in a
<br />reasonable manner. It is the intent of the general
<br />assembly that fish and wildlife resources that are
<br />affected by the construction, operation, or maintenance
<br />of water diversion, delivery, or storage facilities should
<br />be mitigated to the extent, and in a manner, that is
<br />economically reasonable and maintains a balance
<br />between the development of the state's water resources
<br />
<br />and the protection of the state's fish and wildlife
<br />resources.
<br />(b) Except as provided in this paragraph (b),
<br />the applicant for any water diversion, delivery, or
<br />storage facility which requires an application for a
<br />permit, license, or other approval from the United States
<br />shall inform the Colorado water conservation board,
<br />wildlife commission, and division of wildlife of its
<br />application and submit a mitigation proposal pursuant to
<br />this section. Exempted from such requirement are the
<br />Animas-La Plata project, the Two Forks dam and
<br />reservoir project, and the Homestake water project for
<br />which definite plan reports and final environmental
<br />impact statements have been approved or which are
<br />awaiting approval of the same, applicants for site
<br />specific dredge and fill permits for operations not
<br />requiring construction of a reservoir, and applicants for
<br />section 404 federal nationwide permits. If an applicant
<br />that is subject to the provisions of this section and the
<br />commission agree upon a mitigation plan for the
<br />facility, the commission shall forward such agreement
<br />to the Colorado water conservation board, and the board
<br />shall adopt such agreement at its next meeting as the
<br />official state position on the mitigation actions required
<br />of the applicant. In all cases the commission shall
<br />proceed expeditiously and, no later than sixty days from
<br />the applicant's notice, unless extended in writing by the
<br />applicant, make its evaluation regarding the probable
<br />impact of the proposed facility on fish and wildlife
<br />resources and their habitat and to make its
<br />recommendation regarding such reasonable mitigation
<br />actions as may be needed.
<br />(c) The commission's evaluation and proposed
<br />mitigation recommendation shall be transmitted to the
<br />Colorado water conservation board. The board within
<br />sixty days, unless extended in writing by the applicant,
<br />shall either affIrm the mitigation recommendation of the
<br />commission as the official state position or shall make
<br />modifications or additions thereto supported by a
<br />memorandum that sets out the basis for any changes
<br />made. Whenever modifications or additions are made
<br />by the board in the commission's mitigation
<br />recommendation, the governor, within sixty days, shall
<br />affIrm or modify the mitigation recommendation which
<br />shall then be the official state position with respect to
<br />mitigation. The official state position, established
<br />pursuant to this subsection (1) shall be communicated to
<br />each federal, state, or other governmental agency from
<br />which the applicant must obtain a permit, license, or
<br />other approval.
<br />(2) (a) Moneys transferred to the fish and
<br />wildlife resources fund pursuant to the provisions of
<br />section 37-60-121 (6) are hereby continuously
<br />appropriated to the Colorado water conservation board
<br />for the purpose of making grants pursuant to this
<br />subsection (2) and for offsetting the direct and indirect
<br />costs of the board for administering the grants. The
<br />interest earned from the investment of the moneys in the
<br />fund shall be credited to the fund.
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