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<br />.,; <br /> <br />/ <br /> <br />-' <br /> <br />the Program is that the fishes' needs are consistent with <br />compact entitlements. In Colorado, however, there is no <br />plan on how its Compact entitlement will be developed or <br />how the state would meet a call under the Compact. <br /> <br />2. Water rights under the Program are to <br />under state law and from willing sellers. <br />reliance on state rather than federal law <br />factor in obtaining the states' and water <br />interests' participation in the Program. <br /> <br />be obtained <br />The Program's <br />was an essential <br />development <br /> <br />C. The Program consists of five principal recovery elements: <br /> <br />1. Habitat management: <br />2. Habitat development and maintenance: <br />3. Stocking of rare fish species: <br />4. Nonnative species and sport fishing; and <br />5. Research monitoring and data management. <br /> <br />D. A crucial part of habitat management is instream flow <br />protection. <br /> <br />1. "Because the recovery program is intended to provide <br />water rights for instream flows for rare fish, the Service <br />will consider this approach under Section 7 consultation <br />as offsetting depletion impacts" of water development <br />projects. Therefore, protection of instream flows is <br />essential for non jeopardy opinions and for the protection <br />and management of sufficient habitat to support self- <br />sustaining populations of these species. <br /> <br />2. Project sponsors are also to assist in funding the <br />Program by means of a charge based on average annual <br />projected depletions. Such funds are to be used for water <br />acquisition activities unless specifically exempted. <br /> <br />3. The Implementation Committee, consisting of <br />representatives of the FWS, BOR, WAPA, the three states, <br />and water development and environmental interests, oversee <br />the Program. It plays a central role in ensuring that the <br />flow requirements are identified, that all reasonable <br />means of providing flows are examined, and that the <br />federal and state agencies work together to establish and <br />protect these flows expeditiously. <br /> <br />4. A two-part process for protecting instream flows is <br />described in Section 4.1. First, the habitat flow needs <br />are to be determined, and second, those flow needs will be <br />implemented by having instream flows legally protected. <br /> <br />a. The first step was the FWS identification of <br />sensitive reaches, and then prioritizing those reaches <br /> <br />2 <br />