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" , . RESOLUTION OF THE SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT The Board of Directors of the Southeastern Colorado Water Conservancy District (Southeastern) submits the following to the Board and staff of the Colorado Water Conservation Board (CWCB) concerning ftIings by the CWCB for instream flows to protect endangered species in December of 1995, BE IT RESOLVED: L Southeastern strongly supports the Recovery Program, and encourages the CWCB to try to attain the Recovery Program's goals in ways that do not impair either existing projects (such as the Fryingpan-Arkansas project) or Colorado's ability to develop its full entitlement under its interstate compacts. 2. Southeastern submitted detailed comments October 18, '1995 in a letter from Ralph Adkins to Daries Lile. Southeastern requests the Board act in accord with those comments, and that those comments become part of the record of the CWCB's consideration, (a) The CWCB's statutory duty is to promote the greatest utilization of waters within Colorado, to allow development of all waters for beneficial use in Colorado of water available to Colorado under interstate compacts, to appropriate the minimum amount of streamflow necessary to protect the environment to a reasonable decree, and not to appropriate instream flows unless it determines the environment will be preserved to a reasonable degree by the.water available for appropriations without material injury to water rights. (b) The CWCB shonld not apply for more than the 1989 flow recommendations of the United States Fish and Wildlife Service (USFWS ) unless the CWCB was persuaded that those recommendations were wrong, because those recommendations said higher flows would decrease habitat and drop the temperatures of water in the IS-mile reach far below the temperatures needed by the fish, Southeastern requests that the 1989 flow recommendations of the USFWS be made part of CWCB's record of proceedings, (c) The very large flows which now have been recommended by the staff are not physically available in the river the vast majority of the time. Southeastern requests the studies of physical availability of water, and studies of amounts of water available in comparison with compact requirements be made part of CWCB's record of proceedings.