Statement of Policy and Procedure Regarding the Appropriations of ISF for Endangered Fishes

• Description: Yampa Technical Workgroup
• State: CO
• State: UT
• State: WY
• Basin: Yampa/White/Green
• Water Division: 6
• Date: 3/9/1994
• Author: CWCB
• Title: Statement of Policy and Procedure Regarding the Appropriations of ISF for Endangered Fishes
• Water Supply Pro - Doc Type: Board Memo

STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
721 State Centennial Building STATEMENT OF POLICY AND PROCEDURE
1313 Sherman Street REGARDING THE
Denver, Colorado 80203 APPROPRIATION OF INSTREAM FLOWS Roy Romer
Phone [phone] FOR THE Governor
FAX [phone]
RECOVERY OF ENDANGERED FISHES Ken Salazar
OF THE UPPER COLORADO RIVER BASIN Executive Director, DNR
Adopted March 9, 1994 Danes C. Lile, P.E.
Director. CWCB
INTRODUCTION
Four fish species which inhabit the Upper Colorado River
Basin have been listed pursuant to provisions of the federal
Endangered Species Act as "endangered." These species are the
Colorado squawfish, the bonytail chub, the humpback chub, and the
razorback sucker. A number of factors are believed to account
for the decline of their populations, including the loss of
habitat, alteration of the flow regime, and the introduction of
non - native species.
The U.S. Fish and Wi- ldlife Service (the "FWS") has issued
numerous biological opinions since 1978 in which it determined
that additional depletion of Colorado River flows is likely to
jeopardize the continued existence of these species. In order to
assist in the recovery of these species, and in an effort to
assure that Colorado can continue to develop its compact
apportioned waters, Colorado entered into a Cooperative Agreement
with the Department of Interior, Western Area Power
Administration, and the States of Wyoming and Utah in January
1988 to establish the Recovery Implementation Program for the
Endangered Fish Species in the Upper Colorado River Basin (the
"Recovery Program "). Representatives of the water development
and environmental protection communities also participate as full
partners in the Recovery Program. The purpose of the Recovery
Program is to recover the endangered fishes within the Upper
Colorado River Basin (excluding the San Juan River) while
allowing water development in Colorado, Wyoming, and Utah to
proceed in accordance with the interstate compacts. The
likelihood of future approvals for water projects using Colorado
River water supplies appears to be very small unless the
viability of the Recovery Program is maintained.
The Colorado Water Conservation Board (the "CWCB")
recognizes that protection of.instream flows for the endangered
fishes has been a primary concern of the Recovery Program, and
protection of instream flows is one of the five key elements of
the Recovery Program. The CWCB supports, as a key aspect of the
Recovery Program, the Program's recognition that any water rights
needed for recovery of the endangered fishes should be acquired
or appropriated under state law rather than under federal law.
In accordance with section 4.1.3 of the Recovery Program (and
consistent with Colorado law), the CWCB is responsible for the