BOARD02182

• Board Meeting Date: 7/23/2002
• Description: CF Section - Review of Policy Approval and Prioritization of Fish and Wildlife Mitigation Fund Applications
• 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:

CWCB Members
Dan McAuliffe
July 15, 2002

Bill Owens
Governor

Greg E. Walcher
Executive Director

RE:

Agenda Item #16 - Review of Proposed Policy Regarding Fish
and Wildlife Mitigation Fund Applications

Rod Kuharich
eWeB Director

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

In creating the ftmd, 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 anytime following staff review.
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 ofthe
total project cost.
5. Reserves to the Board the ability to approve projects outside the boundaries ofthe policy ifit
needs to.

Recommendation

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