BOARD01657

• Board Meeting Date: 3/24/2003
• Description: Fish & Wild life Mitigation Accound Requests
• Board Meetings - Doc Type: Memo

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

Bill Owens
Governor

MEMORANDUM

GregE. Walcher
Executive Director

TO: CWCB Members

Rod Kuharich
CWCB Director

FROM:

Dan McAuliffe
Dan Merriman
Anne Janicki

Dan McAuliffe
Deputy Director

DATE:

March 6, 2003

SUBJECT: Agenda Item 12, March 24-26, 2003 Board Meeting
Fish & Wildlife Mitigation Account Requests

. . BackQround

The Fish and Wildlife Resources Fund (a/k/a Fish & Wildlife Mitigation Account) was established
by the Legislature in 1987 with a base of $5 million 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 ASSEMBL Y HEREBY RECOGNIZES THE ROLE
INSTREAM FLOWS AND RIVER RESTORA TION PROJECTS PLA Y IN MIT/GA TlNG 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 APPL Y DIRECTL Y TO THE BOARD FOR MONEYS FOR PROJECTS TO CARRY OUT THE PURPOSES OF
THIS SECTION. THE BOARD IS AUTHORIZED TO GRANT SUCH MONEYS IF IT FINDS THAT 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 WILDLIFE RESOURCES FUND APPLICATIONS FOR INSTREAM FLOWS
AND RIVER RESTORATION PROJECTS. The new policy (attached), which became effective on
September 12, 2002, allows the Board to recommend funding for "any instream flow acquisition, river
. restoration construction project, or study (emphasis added) that it determines would mitigate the

Flood Protection. Water Project Planning and Financing. Stream and Lake Protection
Water Supply Protection. Conservation Planning