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OOG483 1. INfRODUCTION About a year and a half ago, in response to direction from the Colorado General Assembly, appointed officials and senior management staff from the water quantity and water quality agencies of the Colorado Department of Natural Resources (DNR) and Colorado Department of Public Health and Environment (DPHE) initiated quarterly meetings to foster better coordination of water-related programs and activities. More recently, senior wildlife management staff from within DNR have joined these discussioDS. Through these meetings, participants have concluded that the single most important challenge facing efforts to improve the coordinated management of water quantity, water quality, and wildlife resources for the benefit of Colorado residents is the apparent decline in the populations and habitats of many native aquatic species and the potential serious regulatory constraints on land, water, and wildlife management resulting from this- decl-ine. The participants in these meetings have concluded that there may be substantial- benefit to the State of Colorado and its citizens in acting now to evaluate and addresS these apparently declining populations through voluntary measures that stabilize populations and avoid the imposition of regulatory responses to this problem. This Draft Concept Paper is being circulated to encourage public discussion regarding this issue and regarding a potential collaborative public and private sector response which is outlined below. 2. DECLINING NATIVE AQUATIC SPECIES: WHY COWRADANS SHOULD BE CONCERNED Existing information indicates that 29 percent of native amphibious species and 56 percent of native fish species in Colorado are considered at risk of extinction or already have been lost. The population status of the majority of native amphibians, mollusks and crustaceanS is unknown. As more information is obtained, it is likely that many will be found to be in decline. Declining species and aquatic communities are evident in every major river basin in Colorado. It is estimated that within the state's major river basins, the following percentages of native fish species are at risk: Arlcmsas - 27 percent; South Platte - 34 percent; Rio Grande - 38 percent; Republican - 40 percent; and Colorado - 75 percent. A representative listing of these species includes the boreal toad, the Arkansas darter, the tlannelmoutb sucker, the plains topminnow, the Rio Grande sucker, and the Colorado River cutthroat trout. WbHe a matter of serious concern in its own right, declining populations of Colorado's native aquatic wildlife could trigger significant new regulatory incursions by federal agencies into land, water, and wildlife management activities in Colorado under authority of the Endangered Species Act (ESA), the Clean Water Act, and other federal laws. If this occurs, Colorado's traditional primacy in the management of water and wildlife resources could be undermined and options for the tlexible and responsive management of Colorado's water and wHdlife are likely to be seriously constrained. Many observers believe that the recent national election will likely lead to major reform of federal environmental regulatory laws such as the Endangered Species Act. Such reform mayor may not occur. In the meantime, it appears pmdent for the citizens of Colorado and agencies of state government to address the present problem and develop broadly acceptable responses. DNR and DPHE believe that past efforts to develop and manage water resources and water-dependent wildlife under state law have resulted in enormous benefits to Colorado and its citizens. Farms and 1