WSPC07654

• File Number: 8200.300.20
• Description: Colorado River-Colorado River Basin-Colorado River Basin Legislation-Law-Federal
• State: CO
• Water Division: 5
• Date: 8/1/1989
• Title: CR Colorado River Floodway Protection Act-Corres Reports etc-1987-89-Report of Colorado River Floodway Task Force
• Water Supply Pro - Doc Type: Report/Study

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RECOMMENDATIONS ON THE NECESSITY FOR ADDITIONAL FLOOD WAY 4~\~
MANAGEMENT LEGISLATION AT LOCAL, TRIBAL, STATE, AND FEDERAL r,P
LEVELS.

In approving the Colorado River Floodway protection Act,
the Congress envisioned that additional Floodway management
legislation may be required to implement and maintain an
effective Floodway. Such additional legislation may be
necessary with respect to establishing programs and
regulations in support of the Floodway, as well as to provide
for necessary funding and authorizations to carry out
specific actions.

In addition, Section 9 of the Act with respect to
priority of laws provided that "No provision of this Act
shall be construed to invalidate any provision of State,
tribal, or local law unless there is a direct conflict
between such provision and the law of the State, or political
subdivision of the State or tribe, so that the two cannot be
reconciled or consistently stand together. Inconsistencies
shall be reviewed by the task force, and the task force shall
make recommendations concerning such local laws". T,hec-~T:ask
FOI;ge.I ~!l de"eloping,~ Lts recommendations on the :establishmerft
an';!~ main,te~r1ance~.of.:the, F1QQ,g~~ay, .dJ.!L..OQt ..:ll11.dc.:s,ucR
inconsisteT\C'ie5~~i-rl-t-necc"laws'.'

ISSUE

The necessity for additional Floodway management
legislation at local, tribal, state, and federal levels.

DISCUSSION

The Task Force's recommendations on the need for
addi tional Floodway management leg islation, whether at the
local, tribal, state, or federal level, are derived from what
legislation would be required to implement the recommenda-
tions of the Task Force with respect to establishing and
maintaining an effecti ve Floodway, including all assessment
studies and required mitigation measures. Each of the
recommendations of the Task Force contained in the other
chapters of this report were reviewed with respect to
legislative needs. These legislative needs were then grouped
by category as either local, tribal, state, or federal. The
legi~sla'ti ve recommend,a tionJ>.sho.uld: :be-.r~e,ad_inc cQn,ce.E-t=w,i 1;.h
Ute recommendations -i n the Ql;hl:!i:_ chcaptei"s . fr.6iiF:wn-i-ch...:.ttre y
wefe.de,r.iV,eC! ;trgm..-

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