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<br />!0/27/95 15:37 <br /> <br />'6'303 236 6958 <br /> <br />US FISH BUD/ADIK <br /> <br />1j!)001 <br /> <br />John Hamill <br />DIrector. <br />RocoveIY Proglllm <br /> <br /> <br />RECOVERY PRffiRAM FOR <br />THE ENDANGERED FISHES <br />OF TIlE UPPER COIORAID <br /> <br />Ralph Margenwee!< <br />ChaIrman. <br />Implementation CommJtlee <br /> <br />U_5. FISh and Wlldlna S.rvIc:a . P.O. 80>: 2.5486 . Denver Fedenll Cellte' . Denver, CO 80225 . (303) Z36-Z965 . Fax (303) Z3S-DOZ7 <br />~~ . <br />CO/KS/NE/UT: CR/fY-96 RECEIVED <br />CWCB <br />OCT 2 7 1995 <br /> <br />Colorado Water <br />Conserwtion Iloatd <br /> <br />Hemorandum <br /> <br />To: Gene Jencsok, Colorado Water Conservation Board <br /> <br />From: Director, Colorado River Recovery Implementation Program <br /> <br />Subject: Hodification Criteria. Instream Flow Water Rights <br /> <br />I believe that there are two general criteria that the Colorado Water <br />Conservation Board needs to consider before modifying an instream flow water <br />right for the endangered fishes: (1) Would failure to modify deny the State <br />the opportunity to develop its compact entitlement?, and' (2) Would <br />modification of the instream flow water right impact recovery of the fish? <br /> <br />Paragraph 4 of the 1993 Enforcement Agreement between the Board and the Fish & <br />Wildlife Service indicates that water rights will be: <br /> <br />"explicitly subject to modification based on later information needed to <br />resolve scientific uncertainties and uncertainties concerning Colorado's <br />use of its compact entitlement. The Board will be primarily responsible <br />for developing information on compact issues and the Service will be <br />primarily. responsible for developing scientific information. The Board <br />agrees to consult with the SerVice before modifying such rights. <br /> <br />a. The Board and the Service agree to make a good faith effort to <br />work together in a cooperative manner to develop or acquire <br />additional information concerning such rights." <br /> <br />Clearly, the Enforcement Agreement contemplated that the Board would consider <br />both the compact and biological consequence of any request to modify a <br />paragraph 4 instream flow right. <br /> <br />Following are some of the specific factors I believe the Board should <br />consider: <br /> <br />Compact Consideration Factors: <br /> <br />-Is the water available for appropriation under the compact? <br />-Will the water be put to beneficial use under Colorado law? <br />-Will any of the water be wasted? <br />-Are reasonable water conservation practices being used to minimize <br />the impact on the river? <br /> <br />u.s. Ftsh and Wildlife 5eNtce . US. Bul1lau of Redamadon . Westem AlGa POWQr Administration . Colorado . lhah . WyofTIlng <br />Envlronmel'ltal Deton;e Fund . Nadonal Audubon Society . Colorado Wildlife Federation . Wyoming Wildlife Federation <br />