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C1 CC ZA [ <br />f <br />/00/0 <br />PROTECTION OF INSTREAM FLOWS FOR ENDANGERED <br />COLORADO RIVER FISHES IN COLORADO <br /> <br />I. Recovery Implementation Program for Endangered Fish Species <br />in the Upper Colorado River Basin. (Excluding the San Juan <br />River) <br />A. The Cooperative Agreement to participate and carry out <br />the Program was signed by the Governors of Colorado, Utah, <br />and Wyoming, the Administrator of Western Area Power <br />Administration (WAPA), and the Secretary of the Interior in <br />January 1988. The Program was cooperatively developed by the <br />states, Bureau of Reclamation (BOR), Fish and Wildlife <br />Service (FWS), water development interests, and environr--:tal <br />organizations during 3 years of negotiations to resolve <br />conflicts over FWS section 7 consultations on private and <br />federal water development projects under the Endangered <br />Species Act (ESA). Since 1978, the FWS has maintained that a <br />jeopardy situation exists in the Colorado River for the <br />Colorado River Squawfish, the Humpback Chub, and the <br />Boneytail Chub, because of habitat loss and declining numbers <br />of these endangered fishes. <br />B. The ultimate goal of the Implementation Program is to <br />recover and delist the three endangered fishes and to manage <br />the razorback sucker in a manner that it would not need the <br />protection of the ESA 1/. The fish species inhabit the large <br />rivers in the Upper Colorado River System. The existing <br />habitat is in Colorado and Utah, encompasses only 25 percent <br />of their former range, crosses state lines, and relies on <br />water flows from three states. Two of the fish species are <br />migratory. <br />1. Success of the Program hinges on the continued <br />cooperative effort by all parties. As stated in <br />Section 1.1, "Each is committed to the successful <br />implementation of a recovery program that will provide for <br />recovery of the endangered fish species, consistent with <br />Federal law and all applicable State laws and systems for <br />water resource development and use." The Program <br />recognizes that protection of habitat requires protection <br />of instream flows and that the relationship "between State <br />water right systems and Federal responsibilities in this <br />area is a sensitive one." Water developers look to the <br />Program to protect the fishes while they develop their <br />state's share of the Colorado River Compact and Upper <br />Colorado River Basin Compact. One of the assumptions of <br />1/ The FWS is currently considering a petition to list the <br />razorback sucker as endangered.