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<br />':..:- . <br /> <br />AssumIng the BIologIcal SubcommHtee data sustain conclusions <br />that 1) protection of status quo flows is preferable over <br />further depletions in the short-term and 2) that status quo <br />flows and habItat are not now sufficient to recover the species <br />in the long term, instream flows may have to be protected. <br /> <br />2. - Water impacts - Instream flows could impact future water <br />development by reducing the amount of water available for <br />development and could impact conditional rights in the process <br />of being perfected. <br /> <br />To minimize these impacts, instream flows should be purchased or <br />obtained by filings in accordance with the ,existing water rights <br />system. This wIll ensure that Impacts to water users are fully <br />addressed. Purchased rights will be of greater value where <br />seniority is crItical to water delivery during drier years. New <br />filIngs may be subject to call by senior appropriators when <br />condItions are driest and they are most needed by the fish. <br /> <br />Instream flows would be established consistent with state law <br />and the Colorado River Compact, the Upper Colorado River Basin <br />Compact and the other laws and regulations which comprise the <br />"Law of the River." On the Yampa, this may be facilitated <br />because Colorado is required to deliver 5,000,000 acre-feet at <br />the Maybell Gage for any period of ten consecutive years to <br />Utah. Instream flows on the Colorado mainstemwould be highly <br />complex and difficult to work out. <br /> <br />A monItoring system would be needed to assure proper <br />administration of instream flows. <br /> <br />3. Where - The "Sensitive HabItat Document for Threatened and <br />Endangered Species" identifies geographically and seasonally <br />important habitat reaches for the four endangered species. <br />Knowing ,when and where these habitats are important, we can <br />predict the amount of water required to perpetuate these <br />habitats. <br /> <br />To better refine flow recommendations over the mid-term <br />additional PHABSM sites need to be established along with <br />concurrent ongoing investigations on fish habitat preference. <br />With USFWS and Bureau cooperation the prototype of the model <br />will also be ground-truthed based on operations of flaming Gorge <br />and effects downstream in the Green River. <br /> <br />4. Who - There are institutional means available or in place to <br />provIde levels of instream flows. <br /> <br />a. The Colorado Water Conservation Board is empowered under <br />37-92-102(3) to appropriate or acquIre in a manner <br />consistent with the state c9nstitution such waters of <br /> <br />- 11 - <br />