7282

• UCREFRP Catalog Number: 7282
• Author: U.S. Fish and Wildlife Service, R. I. P.
• Title: Final Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin.
• USFW Year: 1987.
• USFW - Doc Type: Denver, Colorado.
• Copyright Material: NO

this program. Such an agreement will provide that the Secretary
and the Board will work together in good faith to carry out the
terms of this program.
2. ADMINISTRATION OF INSTREAM FLOWS IN UTAH: There are several
mechanisms in place in Utah which might be used to protect
instream flows. The 1986 Legislature passed a law which gives the
Division of Wildlife Resources limited authority to acquire water
for protection of public fisheries (with legislative approval).
Under this authority, the Division of Wildlife Resources can hold
an instream flow right which would be administered by the State
Engineer under the water rights system. Also, an opportunity
exists to protect specified instream flows in critical reaches by
contract or administrative agreement with holders of appropriate
water rights (similar to agreements on the Bonneville Unit,
Central Utah Project).
It is anticipated that the Secretary will inform the State of Utah
where specific flows are required to support recovery of
endangered fishes and arrangements will be made, consistent with
State law, to protect the necessary instream flows. It is
anticipated that the Secretary and the State of Utah will execute
an agreement to better define their respective responsibilities
under this program. Such an agreement will provide that the
Secretary and the State of Utah will work together in good faith
to carry out the terms of this program.
3. The Secretary will not attempt to acquire water rights under this
program by condemnation nor acquire rights from other than willing
sellers.
4. Once water rights for instream flows are appropriated or acquired '
for a specific reach of stream, they will be administered by the
respective State Engineers pursuant to State law.
5. The ownership of any water rights which are acquired by the ,
Secretary under this program will be transferred to the
appropriate State agency on the condition that such water rights
will be held only for the protection of the required instream
flows. In the event this condition is not met, the ownership of
such instream flow rights will revert to the Secretary.
d. In some cases, the Implementation Committee may wish to take advantage
of an unexpected development, such as the offer for sale or donation
of a water right that is needed to provide instream flows on a certain
river reach. In such cases, the Implementation Committee may
recommend eliminating some or all of steps a through e, Section 4.1.2.
e. The Secretary's responsibilities in this Section (4.1.3) may be
delegated to the Service.
4.1.4 Potential Sources of Water
Identification of instream flow needs and potential sources of water to meet
those needs will be conducted on a site-specific basis. Table 4-1 indicates
where various sources of water may be most important.
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