WSP05437

• File Number: 8220.106
• Description: Animas-La Plata
• State: CO
• Basin: San Juan/Dolores
• Water Division: 7
• Date: 3/13/1987
• Title: Agenda Item 10 HB 1158
• Water Supply Pro - Doc Type: Board Memo

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(I) (a) The general assembly hereby recognizes the
responsibility of the state for fish and wildlife resources
found in and around state waters which are affected by the
construction, operation, or maintenance of water diversion,
delivery, or storage facilities. The general assembly hereby
declares that such fish and wildlife resources are a matter of
statewide concern and that impacts on such resources should be
reasonably mitigated by the project applicants. It is the
intent of the general assembly that fish and wildlife
resources which are affected by the construction, operation,
or maintenance of water diversion, delivery, or storage
facilities which are permitted, licensed, or receive approval
from the United States after the effective date of this act
should be mitigated to the extent, and in a manner, which
maintains a balance between the development of the state's
water resources and the protection of the state's fish and
wildlife resources. It is the further intent of the general
assembly that these fish and wildlife resources should be
enhanced where possible in connection with the construction,
operation, or maintenance of such facilities. .

21 (b) The applicant for any water diversion, delivery, or
22 storage facility which requires an application for a permit,
23 license, or other approval from the United States shall inform
24 the Colorado water conservation board, wildlife commission,
25 and division of wildlife of its application. The division of
26 wildlife shall then make findings regarding the impacts on
27 fish and wildlife resources and their habitat which are likely
28 to be caused by the construction, operation. or maintenance of
29 such facilities and shall propose such mitigation actions as
30 they deem necessary to reduce, avoid, or fully compensate for
31 such impacts.

32 (c) The division of wildlife's findings and proposed
33 mitigation actions shall be transmitted to the Colorado water
34 conservation board, wildlife commission, and all appropriate
35 state and federal agencies as required by law and rules and
36 regulations. The board shall make a finding as to which of
37 the proposed mitigation actions, or other mitigation actions,
38 are required to maintain a balance between the development of
39 the state's water resources and the protection of the state's
40 fish and wildlife resources. In making its finding, the board
41 shall balance the values and benefits derived from the
42 conservation, development, and protection of the waters of the
43 state for the benefit of the present and future inhabitants of
44 the state with the values and benefits derived from protecting
45 or enhancing the fish and wildlife resources of the state.
46 For applications in which the construction costs, excluding
47 the cost of the delivery systems, exceeds ten million dollars,
48 the board's finding shall not require the applicant to expend
49 an amount for mitigation, enhancement, or both which is more
50 than five percent of the construction cost of the water
51 diversion or storage facility. The board's finding shall be

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