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<br />, , <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />Statutory Limitations <br /> <br />In considering recommendations for projects to the General Assembly, the Board should <br />be aware of the following criteria and limitations set by statute: <br /> <br />. Section 37-60-121 (I) (b) (IV), CRS provides that 'the Board shall participate in only those <br />projects which can repay the Board s investment. Grants shall not be made, unless <br />specifically authorized by the General Assembly acting by bill... " <br /> <br />. Section 37-60-121 (1) (b) (V), CRS provides that "all other means offinancing shall be <br />throughly explored before use is made offttnd moneys." <br /> <br />. Section 37-60-121 (1) (b) (VI), CRS prohibits the Board from recommending domestic <br />water treatment and distribution systems to the General Assembly. <br /> <br />. Section 37-60-121 (1) (b) (VII), CRS provides that 'the Board may recommend to loan <br />funds on floodplain projects not to exceed five percent of the annual projected revenue <br />earned by the fund." The 5 % limit applies to the total sum for proposed floodplain project <br />loans and flood related study grants. <br /> <br />. <br /> <br />Senator Bishop has indicated several times in recent years that the CWCB loan fund should <br />not be used to [mance annual operation and maintenance projects. <br /> <br />. Section 37-60-122(1)(c), CRS, authorizes the Board to commit or expend up to 10% of the <br />revenue to the Construction Fund for new feasibility study loans. <br /> <br />. Section 37-60-122.2(2)(b), CRS, concerning mitigation grants from the Fish and Wildlife <br />Resources Account, states 'the amount of the grant shall be sufficient to pay for the <br />mitigation recommendation ... to the extent required above the applicant s five percent <br />share. Any additional enhancement shall be at the discretion and within the means of the <br />board. Under no circumstances shall the total amount of the grant exceed five percent of <br />the construction costs of the project, or be disbursed in installments, that exceed seventy <br />percent of the amount of the grant during any fiscal year. Any mitigation cost in excess <br />of ten percent of the construction costs of a project shall be borne by the applicant. " <br /> <br />. Section 37-60-122.2(2)(c), CRS, requires 'tlny such enhancement grant will be shared <br />equally by the Colorado water conservation board s fish and wildlife resources account and <br />the division of wildlife s wildlife cash funds and other funds available to the division. " <br /> <br />. Section 37-60-122.2(4), CRS, requires the Board to divide the expenditures from the Fish <br />and Wildlife Resources Account 50-50% between the east and west slope beneficiaries. <br /> <br />5 <br />