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Interstate and Federal Law <br />near Vernal, Utoh (top) -are part of the effort to <br />restore populations of pikeminnow, humpback <br />chub, bonytail chub (above) and razorback sucker <br />under the Upper Colorado River Endangered Fish <br />Recovery Pragrarn. <br />ment. In turn, this has pushed Colorado <br />decision-makers to examine alternatives to <br />proposed water projects. <br />Compliance with the Endangered <br />Species Act is important to Colorado's abil- <br />ity to use the waters provided in its inter- <br />state compacts. In connection with further <br />development of their Colorado River <br />Compact entitlements, for example, the <br />upper basin states - Colorado, New <br />Mexico, Utah, and Wyoming -participate <br />in a program called the Upper Colorado <br />River Endangered Fish Recovery Program. <br />The recovery program is a joint effort <br />with the U.S. Fish and Wildlife Service and <br />other federal, state, water user, and envi- <br />ronmental organizations to recover endan- <br />gered Colorado River native fish, including <br />the pikeminnow, humpback chub, bonytail <br />chub, and razorback sucker. Participation <br />allows upper basin state water users to <br />qualify for federal permits and other <br />approvals needed to construct water facili- <br />ties and apply for new water uses. <br />Federal laws and regulations add <br />much complexity to Colorado's ability to <br />meet its water needs. For example, sec- <br />tion 404 of the Clean Water Act requires <br />a U.S. Army Corps of Engineers permit <br />to place dredged or fill material into <br />waters of the United States, which <br />includes rivers and wetlands. This means <br />that virtually all dams require federal <br />approval. The U.S. EPA exercises veto <br />authority over these permits. In the <br />1980s, the U.S. EPA vetoed the Denver <br />Water Board's application for the Two <br />Forks Dam, which had attracted substan- <br />tial opposition throughout Colorado. <br />Particularly controversial have been <br />cases where the U.S. Forest Service has <br />required by-pass flows as a condition for <br />issuing or renewing permit right of ways <br />for on-Forest diversions and reservoirs. <br />A by-pass flow is an amount of water <br />required to flow past a dam or diversion to <br />support downstream forest water needs, <br />such as wildlife habitat or recreation. <br />Opponents of bypass flows argue they ille- <br />gally and inappropriately intrude into <br />Colorado's legal authority to allocate and <br />manage water use; supporters insist they <br />are a necessary tool for protecting water- <br />dependent resources on the national <br />forests, given the existing decreed water <br />rights held by private water users with on- <br />forest dams and diversions. <br />In the state's instream flow law, the <br />Colorado General Assembly has urged <br />the U.S. Forest Service and other federal <br />agencies to work with the Colorado <br />Water Conservation Board on instream <br />I <br />flow needs. I <br />Z S ~, C^ L^ R A D^ F^ U N D A T I ^ N F^ R W ATE R E D U C A T I ^ N <br />Construction of new defms is subject t:o federal approval. The controversial Two Folks Dpm project in <br />Calarada was vetoed by the Er~lviranmental Protection Agency (EF'A) in the 19&~s. When completed in <br />19 75, Hoover Dam (above) on the Colorado River. whicfr produces more than four ~iilion kilowntt hours <br />of electricity each year: was the largest dam in the world. <br />