BOARD01181

• Board Meeting Date: 9/10/2002
• Description: Review of Proposed Policy Regarding Fish and Wildlife Mitigation Fund Application
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

TO:
FROM:
DATE:
RE:

CWCB Members
Dan McAuliffe
September 3, 2002
Agenda Item #16a - Review of Proposed Policy Regarding Fish
and Wildlife Mitigation Fund Applications

Bill Owens
Governor

Greg E. Walcher
Executive Dixector

Rod Kuharich
eWeB Director

Dan McAuliffe
In 1987 the Colorado General Assembly created a Fish and Wildlife Resources Fund Deputy Director
to help address the impacts of new water facilities and $5 million was placed in the fund. In
2002 the fund was capitalized at $5 million and the statute was revised so that sponsors of
existing facilities and the CWCB may use these funds for mitigation activities. A copy ofthe
new statutory language is attached.

In creating the fund, the General Assembly stated that fish and wildlife resources affected by the
construction, operation, or maintenance of water diversion, delivery, or storage facilities should
be mitigated. It also stated there should be a balance between the development of the state's
water resources and the protection of the state's fish and wildlife resources, because fish and
wildlife resources are a matter of statewide concern.

We have drafted a new policy to guide the implementation of the statute. If effect, the new
policy:

1. Divides the money in the fund - 60 percent ($3 million) of the fund is to be used to
mitigate new facilities and 40 percent ($2 million) may be used to for mitigation related
to existing facilities.
2. Application for funds to mitigate existing projects should be submitted to the Board and
the Board may approve funding at any time following staffreview.
3. Applications for mitigation projects related to existing projects can fall into three general
categories: instream flow purposes, river restoration, additionally a variety of other
criteria are addressed.
4. Funds provided for instream flow or river restoration projects are limited to 25 percent of
the total project cost.
5. Reserves to the Board the ability to approve projects outside the boundaries of the policy
if it needs to.

Recommendation

Staff recommends adoption of the proposed policy. Ifthe Board makes revisions, the revised
policy will be put on the September meeting agenda.