9354

• UCREFRP Catalog Number: 9354
• Author: Zallen, M.
• Title: Protection of Instream Flows for Endangered Colorado River Fishes in Colorado.
• USFW Year: 1990
• USFW - Doc Type: Denver.
• Copyright Material: NO

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the Program is that the fishes' needs are consistent with
compact entitlements. In Colorado, however, there is no
plan on how its Compact entitlement will be developed or
how the state would meet a call under the Compact.
2. Water rights under the Program are to be obtained
under state law and from willing sellers. The Program's
reliance on state rather than federal law was an essential
factor in obtaining the states' and water development
interests' participation in the Program.
C. The Program consists of five principal recovery elements:
1. Habitat management;
2. Habitat development and maintenance;
3. Stocking of rare fish species;
4. Nonnative species and sport fishing; and
5. Research monitoring and data management.
D. A crucial part of habitat management is instream flow
protection.
1. "Because the recovery program is intended to provide
water rights for instream flows for rare fish, the Service
will consider this approach under Section 7 consultation
as offsetting depletion impacts" of water development
projects. Therefore, protection of instream flows is
essential for nonjeopardy opinions and for the protection
and management of sufficient habitat to support self-
sustaining populations of these species.
2. Project sponsors are also to assist in funding the
Program by means of a charge based on average annual
projected depletions. Such funds are to be used for water
acquisition activities unless specifically exempted.
3. The Implementation Committee, consisting of
representatives of the FWS, BOR, WAPA, the three states,
and water development and environmental interests, oversee
the Program. It plays a central role in ensuring that the
flow requirements are identified, that all reasonable
means of providing flows are examined, and that the
federal and state agencies work together to establish and
protect these flows expeditiously.
4. A two-part process for protecting instream flows is
described in Section 4.1. First, the habitat flow needs
are to be determined, and second, those flow needs will be
implemented by having instream flows legally protected.
a. The first step was the FWS identification of
sensitive reaches, and then prioritizing those reaches
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