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<br />Daries C. Lile, Director <br />Colorado Water Conservation Board <br />December 5, 1996 <br />Page -2- <br /> <br />far failed to address publicly the effects of competition by exotic fish species and selenium <br />poisoning on the endangered fish populations. Bob Salle, noted Denver Post columnist, has <br />appropriately called into question the policy of spendirig a litem! fortune on the endangered fish <br />program when selenium (which is present throughout the Colorado River system) is a probable <br />cause of the species decline.2 <br />Even t.'le CWCB has adlI'Jtted the biolo:;iccl support for the flows clai:ned in 95CW296 aild <br />95CW297 is tenuous.) <br /> <br />Even if the Service will recognize that the minimum stream flow decrees will constitute <br />"substantial progress' lUlder the recovery program, such recognition is meaningless if the <br />biological evidence will not support a fmding that the flows will constitute verifiable orOlITess <br />in the fishes' actual recoverv. We submit that the 95CW296 and 95CW297 flows cannot promote <br />actual recovery: These appropriations of the remaining Colorado River flows merely preserve the <br />status quo; they do not increase the water available for delivery to the 15-mile reach. If the <br />status quo is the answer, then the recovery program is very ill conceived indeed. <br /> <br />year to year, and even more from season to'season. Depletions upstream of the proposed Yampa <br />River minimum stream flows are estimated at only 8%. We are consequently baffled by the <br />Service's position that an upstream depletion of this 8 % "magnitude" could result in the <br />eradication of fish species from otherwise suitable habitat. <br /> <br />2 For YOUT ready reference, we enclose a copy of Saile's column entitled "A New <br />Suspect in Rare-Fish Woes, Finding: Selenimn Kills Razorbacks; Denver Pose (Nov. 13, 1996). <br /> <br />) <br /> <br />For example, it stated in the 95CW296 application: <br /> <br />The amount of water necessary to preserve the natural environment <br />to a reasonable degree is necessarily complex in this particular <br />situation. While considerable scientific evidence has been gathered <br />. . . there remains some uncertainty as to the amount of water <br />which can be appropriated by the board without depriving the <br />people of Colorado of the beneficial use of those waters available <br />by law and interstate compact. <br /> <br />If the CWCB continues to pursue the 95CW296 and 95CW297 filings despite this "uncertainty," <br />it may jeopardize the tapport it has carefully developed with Colotado water users. <br />