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<br />'. <br /> <br />, <br />I' <br />.~. <br /> <br />. <br /> <br />STA~ OF COLORADO <br /> <br />o <br /> <br />Colorado Water Conservation Board <br />Department of Natural Resources <br /> <br />72l Sla1.c: Centennial Building <br />1313 Sherman Stree' <br />Denver. Colorado 80203 <br />Phone (303) 866-3441 <br />FAX (303) 866-4474 <br /> <br />Roy Romer <br />Governor <br /> <br />MEMORANDUM <br /> <br />James S. Lochhead <br />Executive Director. DNR <br /> <br />Danes c. We, P.E. <br />D1reclor. eweB <br /> <br />TO: Colorado Water Conservation Board Members <br /> <br />FROM: Peter Evansc:?~ ~~ot <br />Gene Jencsok ~ IF' <br /> <br />DATE: October 17, 1995 <br /> <br />SUBJECT: Agenda Item I, October 20, 1995 Board Meeting <br />Endangered Fish Recovery ISF Water Right - Colorado River (Mainstcm) <br /> <br />On September 15, 1995, the Preliminary Notice was issued for an Instream Flow <br />Appropriation in the Colorado River (mainstem) between the Grand Valley Irrigation Company <br />diversion at Palisade and the confluence of the Gunnison River at Grand Junction to preserve <br />habitat and protect flows necessary to recover the four endangered fish species (i.e., the Colorado <br />squawfish, hwnpback chub, bonytail chub, and razorback sucker). Tb.is segment of the Colorado <br />River is generally referred to as the "IS Mile Reach." <br />These state efforts to protect instream flows in the 15 Mile Reach of the Colorado River <br />reflect Colorado's commitment to pursue a less confrontational alternative to the fedcral <br />regulatory process that would otherwise dominate the development and management of Colorado <br />River water supplies, Based on the 1994 "Statement of Policy and Procedure'" adopted hy the <br />Colorado Water Conscrvation Board ("CWCB'") for appropriation offish recovcry instrcam <br />flows, and your direction that we make every effort to meet the flow protection deadlincs <br />established through the Recovery Implementation Program for Endangered Fish Specics in the <br />UppefColorado River Basin ("Recovery Program'"), we have evaluated many water rights <br />appropriation options and reviewed the results in many public meetings before developing this <br />proposal. However, in light of the relatively young science which supports the devclopment of <br />instream flow recommendations for these endangered species, the large size of the 110\\ <br />recommcndations, the location of the instream flow segments, the interstate COmpJel issucs_ the <br />Snowmass Creek ruling, and other issues, we expect thattherc will be continued concern rel,\lcd <br />to the CWCB commitment to protect flows for the recovery of the endangered fishcs, <br />The Recovery Program's Recovery Action Plan (RlPRAP) incorporates the CWCB's <br />commitment to apply for instream flow water rights in the IS Mile Reach of the Colorado Rivcr <br />by December 1995, Meeting this schedule will effectively demonstrate the CWCB's willingness <br />to protect instream flows for the recovery of endangered species in a manner which is consistcnt <br />with Colorado's laws and property rights. This effort by the CWCB will also help 10 assure that <br />