BOARD02073

• Board Meeting Date: 9/22/2003
• Description: ISF Section - Fish & Wildlife Mitigation Account Request
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Shennan Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
WWW.cwcb.state.co.llS

To:

MEMORANDUM irJL 3

Colorado Water Conservation Board~:;r p ~ t:~'
&:;O,f .
Dan Merriman ~ (.
Brian Hyde (~
Balunan Hatami

Dan McAuliffe
Deputy Director

Bill Owens
Governor

GregE. Walcher
Executive Director

From:

Rod Kuharich
CWCB Director

Date:

September 8, 2003

Subject:

Agenda Item 17, September 22-24, 2003 Board Meeting,
Fish & Wildlife Mitigation Account Request

Backl!round

The Fish and Wildlife Resources Fund (aIkIa 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 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 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, 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."

In concert with the Board's Policy #15, Staff presents a proposal by the San Juan Water
Conservancy District (SJWCD) for $80,000 to be funded by a grant from the Fish and Wildlife
Resources Fund. The grant will be used to complete Phase II of the Lower Rio Blanco Restoration and

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