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BACKGROUND Four fish species that inhabit the Upper Colorado River Basin have been federally listed as endangered, the Colorado squawfish, the bonytail chub, the humpback chub and the razorback sucker. The U.S. Fish and Wildlife Service (Service) is responsible for recovery of these fish, and has maintained since 1978 that a jeopardy situation exists because of habitat loss and other factors and resulting declining populations. A Cooperative Agreement between the States of Colorado, Wyoming and Utah, the Secretary of the Interior, and the Western Area Power Administration (WMA) was signed in January 1988, which established the Recovery Implementation Program for the Endangered Fishes of the Upper Colorado River Basin (Recovery Program). Water development and environmental groups are participating in this Recovery Program as well. The purpose of this Recovery Program is to recover and delist these four fish while allowing water development in the Upper Colorado River Basin to proceed consistent with state and federal laws. In proceeding with the acquisition of water for the Recovery Program, the CWCB is responsible for reviewing flaw recommendations develaped by the Service for instream flows. In accordance with Section 4.1.3 of the Recovery Program and state instream flow statutes, the CWCB is responsible for the appropriation and acquisition of instream flow water rights in Colorado for the endangeTed fish under the program. Under Colorado law (C.R.S. 37-92-102(3)), the appropriatianjacquisition of instrearn flow water rights through the Board must preserve the natural environment to a reasonable degree. The Service has developed flow recommendations for the July - September period and October - June period for the 15 Mile Reach of the Colorado River mainstem, between Palisade and the confluence with the Colorado River, and year-round flows for the Yampa River from Craig to the State line. The CWCB accepted the flow recommendations for the July - September period which were a 700-1,200 cfs window, and has filed for an instream flow appropriation of 581 cis based on a water availability study. The flow quantification methods used in the remaining two studies were not approved by the CWCB, and further studies were recammended. The Service believes its approach is based on the best scientific data available and that no single analytical model or approach is available for quantifying instream flow requirements in all rivers and for all life stages of the endangered fishes. Additionally, the Service maintains that enhanced flows in some amount are necessary for recovery of the fish and that timeliness in flow acquisition is critical to the recovery of these fishes and for the Recovery Implementation Program to serve as a reasonable and prudent alternative. The State of Colorado has two major concerns related to the protection of flows for recovery of the endangered fish. The first concern is that the science supporting these flow recommendations is not as fully developed as the Board would like to be able to rely upon in appropriating instream flow water rights. The second concern is that ~ 2