WSP11851

• File Number: 8065
• Description: Section D General Statewide Issues - Endangered Species Act - Fisheries
• State: CO
• Basin: Statewide
• Date: 11/1/1983
• Author: Various
• Title: Endangered Species Act - Various Reports - 1980s - 11-01-83 through 09-13-89
• Water Supply Pro - Doc Type: Report/Study

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2. Water for instream flows will be provided as part of

a comprehensive recovery program that addresses the Upper

Basin and fish species habitat needs as a system.

3. Recovery and protection of rare speCles is to be a

shared responsibility of the Federal government, the

States, water and power users, and environmental

organizations. This means, among other things, that the

cost of providing instream flows and other recovery

activities will be shared by these parties.

4. Water rights for instream flows established under

this process will be a~fropriated, acquired, and

administered pursuant to State law and will therefore

be legally protected as any water right under State

laws. Where water rights for instream flows cannot

be obtained, they will be protected through contracts

or administrative agreements with holders of

appropriate water rights. In no case shall the Federal

government condemn water rights for the purpose of

protecting endangered species.

These principles obligate the Federal government and the States

to work within the State water rights law and the interstate

compacts in providing flows for endangered species. The program

recognizes, as water users have long known, that water is not

provided for any need simply by stopping its development. Part

of the incentive for the Federal agencies' and environmental

organizations' support for this approach is that rights acquired

for endangered species will be protected under State law. Water

users have the assurance that any rights will be acquired under

State courts, in accordance with State law, with legal

recognition of other absolute and conditional decrees.

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