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<br />N <br />, 00 <br /> <br />" <br /> <br />. <br /> <br />e <br /> <br />e <br /> <br />No moneys in excess of 5~ of <br />a project.s cost can be <br />"expended, demanded. or <br />recommended" for mitigation <br />by any state agency <br /> <br />No provision <br /> <br />37-60-122.2 (2)(b) <br />DOW makes recommendations to CWCB <br />for mitigation grants. CWCB <br />decides, in making a grant, <br />what mitigation is "required to <br />maintain to a reasonable degree <br />the wildlife resources which <br />will be affected," <br /> <br />37-60-122.2 (2)(c) <br />CWCB decision as to what is <br />reasonable per (2)(b) above <br />is the official state position <br />on what mitigation should be <br />required of a developer <br /> <br />37-60-122.2 (2) <br />Moneys transferred to CWCB <br />wildlife account appropriated <br />continuously to make grants <br /> <br />No provision <br /> <br />No percentage cap. F&W impacts <br />"should be mitigated to the <br />extent, & in a manner, which <br />maintains a balance" between <br />water development and F&W protection <br /> <br />There should be F&W enhancement <br />"where possible" <br /> <br />37-60-122.2 (l)(b) & (c) <br />Makes the process separate from the <br />decision on grants: <br />(b) DOW makes findings regarding <br />impacts on F&W and proposes <br />such mitigation actions as <br />"they deem necessary to reduce, <br />avoid, or fully compensate for <br />such impacts." There is no <br />monetary cap on the mitigation <br />actions proposed by DOW, <br /> <br />(c) CWCB makes findings as to <br />"which of the proposed '" <br />actions, or other actions ... are <br />required to maintain a balance" <br />between water development and <br />F&W protection. <br /> <br />37-60-122.2 (l)(c) <br />cweB decision as to what is needed <br />to maintain balance is the official <br />state position as to what should <br />be required of a developer <br /> <br />37-60-122,2 (2)(a) <br />Same <br /> <br />Interest earned on moneys in account <br />credited 50~ to the account and 50~ <br />to the Auth. <br /> <br />-2- <br />