SENATE BILL 97151
BY SENATORS Ament, Bishop, and Johnson;
also REPRESENTATIVE Young.
CONCERNING USE OF THE FISH AND WILDLIFE RESOURCES
ACCOUNT IN THE COLORADO WATER CONSERVATION BOARD CONSTRUCTION
FUND.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 3760122.2
(1) (a) and (2) (a), Colorado Revised Statutes, 1990 Repl. Vol.,
are amended, and the said 3760122.2 (2) is further
amended BY THE ADDITION OF A NEW PARAGRAPH, to read:
3760122.2. Fish and wildlife
resources legislative declaration fish and wildlife
resources account. (1) (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 mitigated by the project applicants in a reasonable
manner. It is the intent of the general assembly that fish and
wildlife resources which
THAT 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 July 13, 1987, should be mitigated
to the extent, and in a manner, which is economically reasonable
and maintains a balance between the development of the state's
water resources and the protection of the state's fish and wildlife
resources.
(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
3760121 (6) are hereby continuously appropriated to
the Colorado water conservation board for the purpose of making
grants pursuant to this subsection (2) and for offsetting the
direct and indirect costs of the board for administering the grants.
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.
NO INVESTMENT EARNINGS OR OTHER MONEYS IN THE FISH AND WILDLIFE
RESOURCES ACCOUNT IN THE COLORADO WATER CONSERVATION BOARD CONSTRUCTION
FUND SHALL BE SUBJECT TO ANY MANAGEMENT FEE IMPOSED BY LAW FOR
THE BENEFIT OF THE GENERAL FUND.
(e) SPECIES RECOVERY GRANTS FROM THE FISH AND WILDLIFE RESOURCES ACCOUNT MAY BE MADE FOR THE PURPOSE OF RESPONDING TO NEEDS OF DECLINING NATIVE SPECIES AND TO THOSE SPECIES PROTECTED UNDER THE FEDERAL AENDANGERED SPECIES ACT OF 1973@, 16 U.S.C. SEC. 1531, ET SEQ., AS AMENDED, IN A MANNER THAT WILL CARRY OUT THE STATE WATER POLICY.
SECTION 2. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO