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<br />IS THERE AHY OPPORTUNITY IN 1992 TO DEVELOP <br />'COLORADO RIVER WATER tJ'HDER FEDERAL BHVIROHHlDl'rAL LAlIS? <br /> <br />-'I <br /> <br />I. Introduction <br /> <br />Environmental constraints under federal law have had a major <br /> <br />impact on planning and developing water projects. <br /> <br />In the <br /> <br />aftermath of the EPA veto of Two Forks it is easy to reach the <br /> <br />conclusion that new development is hopeless. <br /> <br />In view of <br /> <br />Colorado's concern for the preservation of long-term economic <br />options, and therefor,~ for the protection of its allocation of <br />future water depletions under the Colorado River compact, such <br /> <br />a conclusion would be most unsettling. <br /> <br />Is it realistic to <br /> <br />assume these can be deyeloped in the Colorado River basin in <br />Colorado? <br /> <br />II. Status Report on Key Environmental Regulatory Programs <br />A. Endangered Species Act - Colorado River <br />Endangered Fish <br /> <br />1. Recovery Program: The overall agreement was siqned <br />in January 1988; Implementation is proceeding <br />slowly; the U. s. Fish and Wildlife Service is <br /> <br />concerned with whether "Sufficient Progress" is <br />being achieved. New projects, even without direct <br /> <br />impacts on occupied habitat, have serious risks in <br /> <br />obtaining non-jeopardy opinions. Muddy Creek was <br /> <br />required to "escrow" some of its water, as a permit <br /> <br />condition, in addition to depletion payments. <br /> <br />2 . Prospects for progress on Yampa Ri ver are good; <br /> <br />basin-wide study of off-stream, small project <br />