(1) Neither the commission nor the division shall enter into any mitigation agreements with any agency of the federal government relating to the transfer or exchange of land or water condemned by the federal government without the express consent of the general assembly.
(2) The provisions of subsection (1) of this section shall not be construed to prevent the commission or the division from entering into common agreements with a federal agency pertaining to the stocking of fish or management of other wildlife on federally owned lands.
(3) The programs of the commission and division, including the listing of threatened and endangered species, shall not be utilized by the commission or division to supersede, abrogate, or impair any water right. For the purposes of this subsection (3), impair means requiring water users to forego water to which they are entitled under a water right.
Source: L. 84: Entire article R&RE, p. 862, � 1, effective January 1, 1985.
Editor's note: This section is similar to former � 33-1-113 as it existed prior to 1984.
33-1-120.5. Oversight of the division - target dates for implementation of management review recommendations. (1) As used in this section, unless the context otherwise requires, management review recommendations means the recommendations made by Deloitte Touche LLP in the management review final report dated June 5, 1995.
(2) There is hereby established a deadline of no later than January 1, 1998, for the division to implement the management review recommendations.
(3) The director shall:
(a) Establish a schedule for the implementation of the management review recommendations;
(b) Repealed.
(c) Make decisions concerning the implementation of or departure from review recommendations in conjunction with the executive director of the department of natural resources and the commission.
(4) The director shall have the authority to reimburse or compensate employees relocated due to the implementation of the management review in the following manner:
(a) (I) The cost of all reasonable and necessary moving expenses incurred by an employee for the packing and unpacking, insurance, transportation, storage in transit, and installation of household effects shall be reimbursed.
(II) Notwithstanding subparagraph (I) of this paragraph (a), no reimbursement shall be paid for expenses incurred for insurance, transportation, or storage in transit to the extent such expenses cover a period longer than sixty days, nor shall reimbursement be paid for expenses incurred for household effects exceeding eighteen thousand pounds weight.
(b) Reimbursement is authorized for expenses charged by commercial business establishments for renting trailers or trucks for the purpose of moving household effects and for towing house trailers containing the household effects of employees. If such expenses exceed one thousand dollars, the claim therefor shall be accompanied by two competitive bids. Reimbursement shall be made at the rate proposed in the lowest bid. Any employee who performs his or her own packing and moving shall be reimbursed at the rate of fifty percent of the lowest commercial moving bid, not to exceed two thousand five hundred dollars.
(c) When the director requires an employee to relocate due to the implementation of the management review, such employee shall receive a per diem allowance for not more than sixty days for the necessary and reasonable expenses incurred in locating a primary residence at the new location. Such sixty-day period shall be tolled during any interruption caused by sick leave, vacation, or other authorized leave of absence or ordered travel.
(d) No reimbursement rate under this subsection (4) shall exceed a rate established by executive order. The per diem rate for dependent children between the ages of twelve and eighteen years and the spouse or partner of an employee shall not exceed seventy-five percent of the rate established by executive order for employees. The per diem rate for dependent children of an employee who are less than twelve years of age shall not exceed fifty percent of the rate established by executive order for employees.
Source: L. 96: Entire section added, p. 1350, � 3, effective June 1. L. 2002: (3)(b) repealed, p. 877, � 4, effective August 7. L. 2012: (3)(c) amended, (HB 12-1317), ch. 248, p. 1208, � 18, effective June 4.
33-1-121. Captive wildlife and alternative livestock board - created - duties - repeal. (Repealed)
Source: L. 94: Entire section added, p. 1694, � 2, effective July 1. L. 99: (6) amended, p. 533, � 1, effective May 3. L. 2004: (3)(a) amended, p. 1324, � 3, effective August 4.
Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 2009. (See L. 99, p. 533.)