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

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Statement of Policy and Procedure Colorado Water Conservation Board Adopted March 9, 1994 Page 6 controlled by paragraph 3 and the portion that will be controlled by paragraph 4 of its Enforcement Agreement with the FWS. Paragraph 3 of that Enforcement Agreement provides that the CWCB will not modify the controlled portion of the subject water right without the consent of the FWS. The portion of the fish recovery instream flow water right which will be controlled by paragraph 3 of the Enforcement Agreement will be that portion, if any, which does not impinge upon (or "overlap" with) the CWCB's estimated "development projection" for the subbasin(s) which would be affected. The CWCB will establish the estimated "development projection" for each of the major subbasins of the Colorado River within the state of Colorado based upon (a) the best available hydrology and consumptive use data, (b) the interstate compacts, (c) generous, long -term projections of future development, and (d) other information. The CWCB will work closely with the Colorado River Policy Advisory Council appointed by Governor Romer, and provide opportunity for public review, in developing its estimated "development projection." The CWCB will use this "development projection" only as a guideline to help assure that protection of fish recovery instream flows will not deprive the people of the state of Colorado of the beneficial use of those waters available by law and interstate compact. In the event that future information concerning the needs of the endangered fishes or the development of Colorado's allocation of Colorado River water indicates a need to reduce any portion of these water rights, the CWCB will consult with the Recovery Program. In accordance with the Enforcement Agreement, the CWCB will consult with and secure the consent of the FWS before reducing that portion of any fish recovery instream flow water right which is expressly controlled by paragraph 3 of that Agreement. The portion of any fish recovery instream flow water right which is not expressly controlled by paragraph 3 of the Enforcement Agreement may be reduced by the CWCB at its sole discretion in accordance with paragraph 4 of the Enforcement Agreement and the ISF Rules. In the event that further study demonstrates that the initial fish recovery instream flow water rights are insufficient to recover the endangered fishes, the CWCB will consider an additional appropriation following this procedure. In order to ensure appropriate attention continues to be directed toward the resolution of the uncertainties described above, the CWCB will review its fish recovery instream flow water rights in accordance with the ISF rules.