BOARD01394

• Board Meeting Date: 1/25/2005
• Description: ISF Section and Flood Section - Fish and Wildlife Resources Fund Grant
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

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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

Bill Owens
Governor

MEMORANDUM

To:

Colorado Water Conservation Board

Russell George
Executive Director

From:

Brian Hyde
Bahman Hatami

Rod Kuharich
CWCB Director

Dan McAuliffe
Deputy Director

Date:

January 13, 2005

Subject:

Agenda Item 9, January 25-26, 2005 Board Meeting,
Fish & Wildlife Resources Fund Update

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The Fish and Wildlife Resources Fund (a/kJa Fish & Wildlife Mitigation Account) was established
by the Legislature in 1987 with a base of $5,000,000 to help mitigate the impacts of existing water
facilities. The statute was amended in 2002 to recognize the role instream flows play in mitigating
impacts, and authorized the CWCB as well as sponsors of existing facilities to use these funds. The
relevant statutory language is as follows:

37-60-122.2. Fish and wildlife resources -legislative declaration -fish and wildlife resources
fund - authorization. (5) THE GENERAL ASSEMBLY HEREBY RECOGNIZES THE ROLE INSTREAM FLOWS AND
RIVER RESTORATION PROJECTS PLAY IN MITIGATING THE EFFECTS OF THE CONSTRUCTION, OPERATION, AND
MAINTENANCE OF WATER DIVERSION, DELIVERY, AND STORAGE FACILITIES. THEREFORE, THE COLORADO
WATER CONSERVATION BOARD AND THE OPERATORS OF EXISTING WATER DIVERSION, DELIVERY, OR
STORAGE FACILITIES PROJECTS ARE HEREBY AUTHORIZED TO APPLY DIRECTLY TO THE BOARD FOR MONEYS
FOR PROJECTS TO CARRY OUT THE PURPOSES OF THIS SECTION. THE BOARD IS A UTHORIZED TO GRANT
SUCH MONEYS IF IT FINDS THA T SUCH PROJECTS WILL FURTHER THE PURPOSES OF THIS SECTION.

To guide implementation of the new statute, the Board adopted Policy #15 -- CONSIDERATION
AND APPROVAL OF FISH AND Wll.,OLIFE RESOURCES FUND APPLICATIONS FOR
INSTREAM FLOWS AND RIVER RESTORATION PROJECTS. The new policy, which became
effective on September 12, 2002, allows the Board to recommend funding for various projects
including for "any instream flow acquisition, river restoration construction project, or study that it
determines would mitigate the effects of an existing water supply facility and furthers the purposes
of the Fish and Wildlife Resources Fund."

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In 2004, Staff retained a consultant to develop grant administration materials for the use of the Fish
and Wildlife Resources Fund (FWLRF). The grant administration materials include a guidance
document, a program overview, application forms, evaluation criteria, a budget form, and a contract
template. Subsequent to a recent flood near Pagosa Springs that impacted some stream segments
where stream restoration funded by CWCB had been constructed, staff revised the grant materials to

Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Watee Supply Protection. Conservation and Drought Planning