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lion from Colorado, Wyoming, and Utah; and $1.9 million from water users. The recovery program provides mitigation for impacts of water projects on the endangered fish. In the 12-year history of the pro- gram, the Fish and Wildlife Ser- vice has found more than 600 wa- ter projects, depleting 1,700,000 acre-feet (2 billion cubic meters) per year, to be in compliance with the Endangered Species Act. Not one lawsuit challenging these find- ings has been filed by any parry. The San Juan River Basin Re- covery Implementation Program has been on a similar track. The program was instituted in 1992 to provide for recovery of two of the four endangered species, the pikeminnow and razorback sucker. The San Juan basin covers portions of southwestern Colorado, south- eastern Utah, and northwestern New Mexico. Since inception of the San Juan recovery p~ogram, about $12 mil- lion has been expended. The pro- gram provides Endangered Species Act compliance for approximately 800,000 acre-feet per year of depletions in the San Juan River basin, including depletions for water projects benefitting the Na- vajo Nation, Ute Mountain Ute Tribe, Southern Ute Tribe, and Jicarilla Apache Tribe. Federal Authorizing Legislation In the mid-1990s, participants in the Upper Colorado River Endan- gered Fish Recovery Program be- gan requesting congressional ap- propriations in the range of $5 million to $7 million per year to develop the capital facilities- hatcheries, fish passages, reservoir modifications-needed to recover the fish. Congress asked program 50 . FORUM for Appli~d &s~arch and Public PtJiicy 001020 participants to define overall needs and to come up with additional cost sharing to implement these projects. These questions also ap- plied to the San Juan River Basin Recovery Implementation Pro- gram. As a result, HR 2348 was in- troduced in the House in 1999 to provide continued funding for the Upper Colorado and San Juan re- covery programs. The bill autho- , rizes capital project funding of $46 million in congressionally ap- propriated funds and recognizes $17 million in funds contributed by the four Upper Basin states and $17 million contributed by power users benefitting from the hydro- electric projects in the Colorado River basin. In addition, the leg- islation recognizes in-kind contri- butions of $15 million by power users-in the form of lpst power that hydroelectric projects would have" generated if it had not been for the fish-and $5 million by the Colorado River Water Conser- vation District for water to ben- efit endangered fish from Wolford Mountain Reservoir. These funds will be used to continue operation and maintenance of the capital projects "and to continue monitor- ing fish populations. Funding may be continued after that point for those purpose's, but only after Congress reviews the recovery pro- grams' accomplishments. Power Generators Ante up Revenues from the hydroelectric power projects have played a sig- nificant role in financing the Up- per Basin Recovery Program to date and will play a significant role in the future. Moreover, power users have continued to support legisla- tion authorizing use of power rev- enues, for a number of reasons. First, there is a cap on the amount of money that will be devoted to the program. Second, the manner in which the power revenues will be applied does not affect rates. Third, Congress receives reports on the recovery program on an annual basis as congressional ap- propriations are requested. And fourth, there will be an overall con- gressional review of any continued expenditures of power revenues in 2010. The checks and balances on use of power revenues provided in HR 2348 stand in stark contrast to the apparently unlimited use of power revenues to support Endan- gered Species Act activities in the Columbia River Basin. The House of Representatives passed funding legislation for the bill in July 2000. The Senate passed the measure in October, and the bill was signed into law on October 30, 2000. This legis:. lation was made possible by strong support from all recovery program participants, including the admin- istration, environmentalists, water users, power users, and the Upper Basin states. The federal funding legislation will ensure continued funding for the recovery programs in the Upper Colorado River and San Juan River basins with congres- sional oversight. Program Successes The recovery implementation pro- grams are working for water users in Utah, Colorado, Wyoming, and New Mexico. Endangered Species Act compliance has been provided on 2.5 million acre-feet per year of depletions, with no litigation. Endangered fish are on the road to recovery. There has been no tak- ing of water by the Fish and Wild- life Service for endangered species. Instead, water for the species is