Yampa River Basin Research Final Synthesis Report

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River administration and depletion accounting: Regardless of which, if any, of these augmentation strategies is adopted, the issue of protecting instream flows from other water users has not been resolved. Most of the Yampa River Basin has enjoyed freedom from administration under Colorado water law. Because the lower Yampa River currently is not administered, there may be no enforceable means to ensure that water left in the river for fish actually reaches its destination. Without enforceable contracts with intervening diverters, any forebearance from diverting water supplies leased for instream delivery would be voluntary. Moreover, the CRDSS assumes strict administration of the river and would model the river more accurately if the river were administered. By uniformly applying the same assumptions in both base and future cases, the CRDSS could be used to track increases in depletions. However, administration would require flow measuring devices at each diversion to monitor compliance with Colorado water law. Moreover, the State Engineer will not enforce a senior call if its diversion cannot take all of the water to which it is entitled. To satisfy this exigency, water users may be forced to relocate or renovate their existing diversion structures, with potential negative impacts on both flows and fish passage. Strict administration also could lead to fuller use of existing water rights, resulting in locally reduced stream flows. National Park Service issues: The NPS is mandated to maintain its resources at Dinosaur National Monument (DNM) in an "unimpaired condition." Even though NPS acknowledges the impaired condition of the Yampa River today, it believes the proposed management of the Yampa River should strive to attain the NPS goal of "unimpairment" in DNM. The USFWS supports the NPS goal and believes that the objectives of the PBO are not exclusive of it. A healthy ecosystem would serve both interests very well. However, there may be DNM issues beyond the legal scope of the PBO, which cannot be specifically addressed by the PBO. Environmental community representation: The Nature Conservancy does not feel that it should represent the entire environmental community due to its vested interests in the Yampa Valley. Other environmental groups need to take an active role in the PBO process and should be invited to participate. Stakeholder representation and the role of the Yampa River Basin Partnership: The YRBP questions what its role will be during the development and implementation of a PBO for the Yampa River. Their 1997 Memorandum of Understanding with the USFWS was predicated on the need for extensive public involvement based on a NEPA process rather than an ESA regulatory process. USFWS considers the role of the YRBP to be no less important now, in that the YRBP represents most of the major stakeholders who would be involved in developing a PBO for the basin. USFWS has drafted a revised MOU to reflect the changing role of the YRBP with the shift from the NEPA process to an ESA process. The role of NEPA in the PBO process: There is still some confusion as to what, if any, role NEPA will play in a Yampa PBO process. Some believe that ESA Section 7 (PBO) regulatory approach is merely an attempt to avoid public scrutiny under NEPA. While consultation itself under Section 7 of the ESA is exempt from NEPA requirements, the federal action for which consultation is required also requires NEPA review. The federal agency responsible for the action would determine if the action qualifies for a Categorical Exemption or requires more comprehensive public review and documentation (EA and /or EIS) under NEPA. Moreover, the diversity of stakeholder interests, by representing their constituents during the PBO process and informing them of any agreements that arise from that discussion, will help ensure the broadest possible public awareness and involvement. In addition, a series of informational meetings or workshops will be held in the Basin to inform and involve the public during development of a management plan for the Yampa River Basin. 22