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<br />. <br />Duane Woodard <br />Attorney General <br />Charles B. Howe <br />Chief Deputy Attorney General <br /> <br />Richard H. Forman <br />Solicitor General <br /> <br /> <br />IDl1f ~tah' nf (ltnlnralln <br /> <br />DEPARTMENT OF LAW <br /> <br />STATE SERVICES BUILDING <br />'525 Sherman Street <br />Denver, Colorado 80203 <br />Phone 866,361 , & 866-3621 <br /> <br />OFFICE OF THE ATTORNEY GENERAL <br /> <br />November 13, 1984 <br /> <br /> <br />MEMORANDUM <br /> <br />TO: <br /> <br />Bill McDonald, Director <br />Colorado Water Conservation Board <br /> <br />Barry Stein tf- <br />Assistant Attorney General <br />Natural Resources Section <br /> <br />FROM: <br /> <br />. <br /> <br />RE: Designation and approval of approximate floodplains <br />AG Alpha No. NR WC IACIU <br />AG File No. DNR8404414/BW <br /> <br />This memorandum is in response to your question concerning the <br />board's designation and approval of approximate floodplains to <br />allow local communities to meet the requirements of the National <br />Flood Insurance Program (NFIP). <br /> <br />. <br /> <br />The authority of the board to establish standards for floodplain <br />studies can be found in two separate statutes. As you noted, the <br />authority for establishing such standards in areas of state in- <br />terest is clearly set forth in section 24-65.1-403(3), C.R.S. <br />(1982). Since the board does not classify whether studies are <br />being done pursuant to section 24-65.1-403(3), the concern was <br />with what other authority existed to establish floodplain study <br />standards. I believe you were correct in noting such authority <br />exists under the provisions of section 37-60-101, C.R.S. (1973). <br />The specific language of section 37-60-101(c), "to designate and <br />approve storm or floodwater runoff channels or basins" taken in <br />conjunctio~- with the general grants of authority in sections <br />37-60-106(k) and 37-60-108, provide a basis for establishing the <br />floodplain study standards. Setting forth standards for <br />floodplain studies can be viewed as both "incidental" to and <br />