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Statement of Policy and Procedure <br />Colorado Water Conservation Board <br />Adopted March 9, 1994 <br />Page 2 <br />appropriation, acquisition, and protection of instream flow water <br />rights in Colorado, while the FWS and Recovery Program have <br />initial responsibility for flow quantification studies and <br />instream flow recommendations. Under state law, nonetheless, the <br />CWCB must evaluate and be satisfied with the scientific basis for <br />the fish recovery flow recommendations. <br />This Statement of Policy and Procedure outlines the <br />procedure to be followed by the CWCB in the appropriation of <br />flows needed to recover the endangered fishes in a manner which <br />is consistent with Colorado laws and water rights, and with <br />Colorado's need to protect its compact development opportunities. <br />This Statement of Policy and Procedure is an informal guideline <br />only, and its implementation will be governed by Colorado law and <br />the CWCB's Instream Flow Rules (the "ISF Rules "). <br />The Recovery Program participants, including the FWS, have <br />reviewed this Statement of Policy and Procedure and have <br />determined that it is adequate to meet the needs of the Recovery <br />Program, and to fulfill Colorado's commitment to adopt a <br />procedure for the appropriation and protection of instream flows <br />for the Recovery Program. <br />BACKGROUND <br />The CWCB recognizes the importance of providing legal <br />protection for instream flows necessary to recover the endangered <br />fishes and accepts responsibility for the protection of fish <br />recovery instream flows within Colorado pursuant to state law. <br />The appropriation and protection of instream flows by the CWCB is <br />governed by section 37- 92- 102(3) of the Colorado Revised Statutes <br />which provides, in part: <br />[R]ecognizing the need to correlate the <br />activities of mankind with some reasonable <br />preservation of the natural environment, the <br />[CWCB] is ... vested with the exclusive <br />authority ... to appropriate ... such waters <br />of natural streams ... as the [CWCB] <br />determines may be required for minimum stream <br />flows ... to preserve the natural environment <br />to a reasonable degree. ... Nothing in this <br />article shall be construed as authorizing any <br />state agency ... to deprive the people of the <br />state of Colorado of the beneficial use of <br />those waters available by law and interstate <br />compact. <br />Colorado's participation in the March 11, 1993 "Agreement <br />