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<br />Little Snake River, '15-mile reach,' among targets for water rights acquisition for fish <br /> <br />(From WATER, Page 1.) <br />flows for the fish. <br />Also, the Fish and Wildlife Service has <br />completed interim flow recommendations for the <br />Yampa. The ColoradQ Water Conservation Board <br />will consider using these recommendations on a <br />case-by-case basis when water rights become <br />available. Meanwhile, the Service will develop <br />final flow recommendations to support an <br />in-stream flow appropriation. <br />LIttle Snake River <br />The Recovery Program may acquire <br />"conditional" water rights -- those that have been <br />granted but not yet used -- on the Little Snake <br />River, which drains from southwest Wyoming into <br />the Yampa River in Colorado. Water could be <br />acquired if conditional rights were relinquished <br />from Pothook, Three Forks and Powderwash, <br />three proposed reservoirs on the Little Snake. <br />Research is underway to determine if the water <br />from those conditional rights would benefit <br />endangered fish in the lower Yampa basin. The <br />state of Wyoming is evaluating the impact that <br />development of these rights would have on <br />streams, the benefits associated with buying the <br />rights for the Recovery Program and their <br />monetary value. A report should be completed in <br />August. <br />Colorado River <br />Potential sources of water for endangered fish <br />in the "IS-mile reach" of the Colorado River are to <br />be identified by the Bureau of Reclamation's Grand <br />Junction office by April 1990. The IS-mile reach is <br />the section of endangered fish habitat on the <br />Colorado River immediately upstream from the <br />confluence of the Gunnison River. <br />The U.S. Fish and Wildlife Service has made <br />flow recommendations for the IS-mile reach. The <br />Colorado Water Conservation Board must now <br />complete a water availability study before in-stream <br />flows can be appropriated. The Water Acquisition <br />SUbcemmittee recommended the study be <br />completed by 1991. <br />The group also recommended the Colorado <br />Water Conservation Board evaluate obtaining <br />additional water for the IS-mile reach from Ruedi <br />Reservoir or other upstream sources. <br />Acquisitions of in-stream flows on the <br />Colorado River below the Gunnison River <br />confluence will be postponed until flow <br />recommendations are developed under the Section <br />7 consultation on the Aspinall Unit. This unit is <br />composed of three Gunnison River reservoirs: <br />Crystal Dam, Morrow Point and Blue Mesa. The <br /> <br />consultation, which will be started in 1991 and <br />completed in 1995, will evaluate current and future <br />water use and power generation at these reservoirs. <br />White River <br />Little research on flow needs has been <br />conducted on the White River. However, by May <br />1, 1990, the Fish and Wildlife Service will <br />complete a plan for research that will identify <br />habitat and life-stage needs of the endangered fish. <br />This infonnation will enable biologists to develop <br />flow recommendations for the White River. <br />Federal farm loan foreclosures <br />Water rights may be acquired by the Fish and <br />Wildlife Service from properties under federal fann <br />loan foreclosures. If the Service determines that <br />certain properties would benefit fish or wildlife, it <br />may recommend that the water rights be acquired <br />and converted to in-stream flows. <br />Conditional water rights <br />Currently, opinions vary greatly on the legality <br />of changing conditional water rights to in-stream <br />flows. In general, the Recovery Program will not <br />pursue the purchase or donation of conditional <br />water rights until the issue has been resolved in <br />Colorado water court. Conditional rights will be <br />considered only if they appear to have significant <br />value to the program and few legal burdens. <br />The cost of acquiring water rights depends on <br />the amount of water to be acquired, the availability <br />of water rights, prevailing market value and the <br />availability of alternatives such as new water rights <br />appropriations, leases, donations and exchanges. <br />The subcommittee recommended that the <br />Recovery Program contract with a water rights <br />engineer and water rights appraiser to evaluate the <br />benefits of specific proposals. These services <br />should be available by Sept 30. <br />Members of the Recovery Program face a <br />number of complex technical, legal and policy <br />issues related to water rights acquisition. Technical <br />issues to be resolved include the lack of data on the <br />endangered fish; logistical problems of studying <br />large, turbid, inaccessible rivers; and different <br />interpretations of the data. <br />Legal and policy concerns include federal <br />enforcement of state-appropriated in-stream flow <br />rights and the impact that junior in-stream flow <br />rights for the fish will have on potential <br />development of upstream water rights. In addition, <br />the fish habitat crosses state lines, but existing state <br />in-stream flow programs do not. Members of the <br />Recovery Program will continue working to <br />resolve these issues through research and through <br />coordination with state water agencies. <br /> <br />4 <br />