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<br />U02473 <br /> <br />A similar opinion is close to being issued on the Yampa, and another is being formulated for the <br />Gunnison. On the biological report supporting flow recommendations for the Green River below <br />Flaming Gorge Dam, the conservation group representatives filed a minority opinion at the <br />Biology Committee, and then abstained at the Management Committee, allowing that report to be <br />approved by a qualified consensus. <br /> <br />In all of these cases, the USFWS flow recommendations greatly benefited from the deep <br />involvement and review by the Program committees. In all of these cases, hard questions of <br />implementation, and of whether the flow recommendations as fully or partially implemented <br />would be sufficient under the Endangered Species Act, still remained after such review. <br /> <br />Potential Misinterpretations about the Scope and Effect of the Environmental Assessment <br />on the Breach of Floodplain Levees <br /> <br />Potential Misinterpretation: The only floodplain inundation needed for recovery is described in <br />the 1998 Environmental Assessment on the Acquisition and Enhancement of Floodplain Habitats <br />(EA) and is limited to the habitat that can be provided by breaching floodplain levees without any <br />change in the existing flood flow regime, Clearly the breaching of floodplain levees without any <br />change in the existing flood flow regime as described in this EA would provide some important <br />floodplain habitat that would contribute to recovery of the listed fishes, but just as clearly this EA <br />did not determine that this habitat was all that was needed for recovery. The EA does offer some <br />estimates of the acreage that flood under existing flows or that could be made to flood at lower <br />flows (3,588 acres on the Colorado River, and 774 acres on the Gunnison), but never determines <br />that this estimated acreage is sufficient for recovery or that the flooding of other acreage by <br />changing the existing flood flow regime would not also contribute to recovery. Instead, the EA is <br />clear that this recovery action must be combined with others, including flow management, to <br />achieve recovery. <br /> <br />Potential Misinterpretation: This EA constituted a flow recommendation by the USFWS that the <br />existing flood flow regime. along with the breaching of floodplain levees that was possible on a <br />voluntary basis and given other funding priorities. would provide sufficient floodplain habitat to <br />recover listed fishes. This EA clearly is not a flow recommendation for much of the Upper <br />Colorado River Basin. It does not include the kind of data or analysis found in other flow <br />recommendations, and does purport to determine whether the existing flood flow regime is <br />sufficient for recovery. If it was a flow recommendation, then all Program efforts to define the <br />flows needed for floodplain inundation approved by consensus since 1998 would be misdirected <br />and meaningless. Since 1998, however, the Program has seriously engaged in identifying the <br />changes in existing flood flows needed on the Green River below Flaming Gorge Dam. The <br />final biological report! recommends changes in both the magnitude and duration of flood flows, <br />in clear contrast to the maintenance of the existing regime (compare the flood flows during <br />historic dam operations with the recommended flows in Figures 5,3-5.9). One clear purpose of <br /> <br />1 Muth, et. al. 2000. Flow and Temperature Recommendations for Endangered Fishes in the Green River <br />Downstream of Flaming Gorge Dam. Final Report, Upper Colorado River Endangered Fish Recovery Program <br />Project FG-53. <br /> <br />3 <br />