HB 00-1438: Repeal the CWCB's Authority to Use Conditional Water Rights for Instream Flows

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f � The bill also allowed for the change of conditional water rights to instream flows in the Yampa River per the request of the Colorado River Water Conservation District and water users in the Yampa Basin -- so long as those rights were used for the recovery of endangered fish. The CWCB did file for new water rights to protect endangered fish in the Yampa River, but those applications were withdrawn in 1999. In the meantime, a Yampa River Planning group comprised of federal, state and local officials and water users has been assembled and is assisting the U.S. Fish and Wildlife Service to prepare a Yampa Management Plan upon which a federal Endangered Species Act Programmatic Biological Opinion for the Yampa River basin would be based. The opinion would evaluate the Upper Colorado Endangered Fish Recovery Program's ability to ensure fish recovery while water development continues in the basin. It would protect the ability to develop additional water supplies in the basin. The draft Yampa Management Plan includes: • a discussion of legal mandates, • the historic and new depletions that will be covered by the plan (at least 120 KAF of existing depletions, plus 50 KAF to meet expected new demands by the 2045); • a discussion of non - native fish control issues; • fish passage issues; • specific recovery actions designed to offset depletion impacts; • possible sources of augmentation water to fish habitat needs; and, • monitoring to evaluate progress. The group has been meeting almost monthly. For more information about this or other water resource topics you can contact the CWCB at: 1313 Sherman Street, Room 721, Denver, CO, 80203 Phone: (303) 866 3441. FAX: (303) 866 -4474. Internet: www.dnr.state.co.us /cwcb 2