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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the official position of the state of Colorado as to what
mitigation actions should be required of an applicant for the
construction, operation, or maintenance of a water diversion,
delivery, or storage facility and it shall make its finding
known to any federal, state, or other governmental agency from
which such applicant must obtain a permit, license, or other
approval.

(2) (a) Moneys transferred to the fish and wildlife
resources account in the Colorado water conservation board
construction fund pursuant to the provisions of section
37-60-121 (6) are hereby continuously appropriated to the
Colorado water conservation board for the purpose of making
grants pursuant to this subsection (2). Of the interest
earned from the investment of the moneys in the account, fifty
percent shall be credited to the account and the remaining
fifty percent shall be transferred to the Colorado water
resources and power development authority. The state
treasurer and, the controller shall transfer the interest
earnings due the authority to the authority at the end of each
fiscal year.

(b) Only such water diversion, delivery, or storage
facilities as will increase the beneficial consumptive use of
the state's compact water entitlements and as are required to
obtain a permit, license, or other approval from the United
States establishing requirements for mitigating the fish and
wildlife resources which will be affected by the construction,.
operation, or maintenance of such a facility shall be eligible
for grants.

(c) To the extent that the cost of the mitigation
actions found by the board, pursuant to paragraph (c) of
subsection (1) of this section are required to maintain a
balance between the development of the state's water resources
and the protection of its fish and wildlife resources exceed
five percent of the costs of a water diversion, delivery, or
storage facility, the board shall, upon the application of the
applicant, make a mitigation grant to the applicant in an
amount sufficient to cover such excess.

(d) The applicant may apply for an enhancement grant by
submitting to the division of wildlife and the board a plan
for enhancing fish and wildlife resources over and above the
levels existing without such facilities. Any such grant will
be shared equally by the Colorado water conservation board's
fish and wildlife resources account and the division of
wildlife's wildlife cash funds. The division shall submit its
recommendations on the plan to the board for its
consideration.

SECTION 4. Safety clause. The general assembly hereby
finds, determines, and declares that this act is necessary

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