8056

• UCREFRP Catalog Number: 8056
• Author: Hamill, J.
• Title: Restoring and Protecting Instream Flows for Endangered Fish in the Upper Colorado River Basin.
• USFW Year: 1992.
• USFW - Doc Type: Denver, CO.
• Copyright Material: NO

Interstate Compact purposes? with the exception of the
Yampa River, from which Colorado must deliver an average
of 500,000 acre-feet annually, the amount of water to be
delivered from each subbasin is undetermined.

2. How does the state of Colorado proceed in light of
technical uncertainty about the precise flow requirements
of the fish. How does the "minimum" standard in the
state statute relate to instream flow protection for the
endangered fish? As discussed above, the technical basis
for the Service's flow recommendations has been
questioned by a number of the Recovery Program
participants. Given the state of knowledge about these
fish and the difficultly in developing a clear cause-
effect relationship between endangered fish populations
and flows, it seems likely that the debate over the
"minimum" flow needed to recover the endangered fish will
continue for many years.

In order to resolve these issues and allow for protection of
flows for the endangered fish, the Recovery Program is discussing
how existing Colorado water flow laws might be used to protect
flows on an interim or conditional basis. Under the concept,
conditional rights would be obtained if there is uncertainty
regarding the technical merits of a flow recommendation, or if
there is significant uncertainty regarding the impact of the flow
recommendations on Colorado's ability to develop its future
Interstate Compact allotment. The conditional right would then
be subject to periodic review based on new information about the
flow needs of the fish or development of the State's Q6mpact
entitlement. Colorado's Attorney General's Office and the
Department of the Interior's Solicitor's Office are currently
conducting a review of this concept to determine if it is legal
under existing State laws.

Conclusion

Recovery of the endangered Colorado River fish presents a number
of major technical, financial, legal, and institutional
challenges. The Recovery Program is a unique partnership of
Federal, state, and private groups that provides a significant
opportunity to address these challenges in a cooperative manner.
Its success will hinge on perseverance and commitment of all the
parties. Given the economic importance of water in the Colorado

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