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<br />. <br />"~ <br /> <br />_ ~_~~..i~~.i..o::..~:~';...~"____._ .........:. <br /> <br />. <br />,--......, <br /> <br />RESOLUTION <br /> <br />WHEREAS, the general assembly has recognized that the construction, <br />operation, and maintenance of water diversion , delivery, or storage <br />facilities can adversely impact fish and wildlife resources; <br /> <br />WHEREAS, in recognition of these impacts, the general assembly <br />passed House Bill 87-1158, which provides that these impacts be <br />reasonably mitigated and establishes grants to accomplish the <br />mitigation; <br /> <br />WH~S, all applicants for a water diversion, delivery, or storage <br />facility are required, pursuant to 37-60-122.2, C.R.S. (House Bill <br />87-1158), to submit a mitigation proposal to the Wildlife <br />Commission for its evaluation and submittal to the Colorado Water <br />Conservation Board for adoption as the official state position on <br />mitigation. <br /> <br />WH~S, the Colorado River Water Conservation District has applied <br />for approval to construct, operate and maintain the Muddy Creek <br />Reservoir and has submitted a plan to mitigate the impacts of the <br />construction, operation and maintenance of the Muddy Creek <br />Reservoir, THE MITIGATION PLAN FOR THE MUDDY CREEK RESERVOIR <br />PROJECT '(January 1990, revised March 1991) as prepared by BIO/WEST, <br />Inc. and Resource Consultants, Inc., a copy of which is attached <br />hereto and incorporated herein, to the Wildlife Commission; <br /> <br /><-WH~S, the Division of Wildlife, as staff to the Wildlife <br />Commission, has reviewed the plan and finds that the plan <br />reasonably mitigates the impacts from the construction, operation, <br />,and maintenance of the Muddy Creek Reservoir with the exception <br />that haystacks will not be used to draw big game to mitigation <br />areas or away from the reservoir; and <br /> <br />WH~S, the Colorado River Water Conservation District anticipates <br />applying to the Colorado Water Conservation Board for a grant to <br />cover some of the costs of mitigating the impacts, both pr.esent and <br />future, of the construction, maintenance, and operation of the <br />Muddy Creek Reservoir, except for those mitigation measures <br />pertaining to the Ousterhout's Milkvetch which the Colorado River <br />Water Conservation District has agreed will be funded solely <br />through its own resources. <br /> <br />NOW THEREFORE BE IT RESOLVED, that the wildlife Commission submits <br />the following measures to the Colorado Water Conservation Board for <br />adoption as the State of Colorado's official position on mitigation <br />of the Muddy Creek Reservoir project: <br /> <br />OFFICIAL STATE POSITION ON MITIGATION PLAN <br /> <br />Mitigation of the Muddy Creek Reservoir project shall include those <br />measures contained within the MITIGATION PLAN FOR THE MUDDY CREEK <br />RESERVOIR PEROJECT; <br />