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<br />. STATE OF .OLORADO <br /> <br />February 23, 2004 <br /> <br /> <br />Colorado Water Conservation Board <br /> <br />Department of Natural Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (:lO3) 866-3441 <br />J:dy.{')./Yl\ll.::.,; ~.."'A <br />---.. \___, yy~'r>.,..,. <br /> <br />www.cwcb.state.co.us <br /> <br />Bill Owens <br />Governor <br /> <br />Ms. Carol DeAngelis, Area Manager <br />U.S, Bureau of Reclamation <br />Upper Colorado Region, Western Area Office <br />2764 Compass Drive, Suite 106 <br />Grand Junction, Colorado 81506-8785 <br /> <br />Randy Seaholm <br /> <br />Russell <br />George <br />Executive <br />Director <br /> <br />) <br /> <br />Rod <br />Kuharich <br />CWCB <br />Director <br /> <br />Ref: Draft Biological Opinion for the Navajo Reservoir Operations Environmental Impact <br />Statement <br /> <br />Dan <br />McAuliffe <br />Deputy <br />/) () Director <br />DearMs~lis: ~ <br /> <br />Thank you for your letter of January 30 transmitting the draft biological opinion for the Navajo <br />Reservoir Operations Environmental Impact Statement. We appreciate the opportunity--to provide comments <br />on that draft biological opinion. As you are aware the State of Colorado, acting through the Colorado Water <br />Conservation Board, is a cooperating agency in development of the Navajo Dam Environmental Impact <br />Statement (ElS) and a participant in San Juan Recovery Implementation Program (SJRIP), In developing the <br />Navajo Dam EIS, the purpose and need for such was to modifY Navajo Dam operations to implement flow <br />recommendations for endangered fish species in a manner that "mimicked" a natural hydrograph. <br /> <br />The Colorado Water Conservation Board is extremely concerned that the January 26, 2004 <br />draft biological opinion from the U.S, Fish and Wildlife Service (Service) now finds that the <br />recommended actions of the San Juan Recovery Program (SJRIP) to create more natural stream flow <br />conditions for the benefit of endangered fish are detrimental to the endangered southwestern willow <br />flycatcher. This creates an unbelievable paradox for the SJRIP. <br /> <br />After reviewing the draft biological opinion, the Colorado Water Conservation Board staff <br />strongly believes that several of the "Reasonable and Prudent Measures" and "Non-discretionary Terms <br />and Conditions" contained in the draft biological opinion are contrary to information in the draft EIS and <br />Biological Assessment (BA) and are therefore at the very least umeasonable. In particular, the <br />reasonable and prudent measures on page 72 of the draft biological opinion seeking to expand the SJRIP <br />to "include recovery of the flycatcher" are both inappropriate and unreasonable, particularly when the <br />EIS and BA both find that operating Navajo Dam to mimic a natural hydrograph will create beneficial <br />effects for the southwestern willow flycatcher and its habitats, as the Service acknowledges on page 58 <br />of the draft biological opinion. The fact that the draft biological opinion then goes on to address the <br />general impact of all darn operations is unfair and we believe beyond the scope of the consultation. The <br />existence of Navajo Dam was a given at the outset of this EIS process and the scope of the EIS and <br />consultation was narrowly limited to that of modifying dam operations to implement the flow <br />recommendations, <br /> <br />Colorado Water Conservation Board <br />Flood Protection. Water Supply Plarming and Finance. Stream and lake Protection <br />Water Supply Protection. Conservation and Drought Plaruting <br /> <br />n......"' .'....... , <br />I <br />