Statement of Policy and Procedure Regarding the Appropriation of Instream Flows for the Recovery of Endangered Fishes of the Upper Colorado

• Description: Upper Colorado River Endangered Fish
• 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 Appropriation of Instream Flows for the Recovery of Endangered Fishes of the Upper Colorado
• Water Supply Pro - Doc Type: Board Memo

Statement of Policy and Procedure
Colorado Water Conservation Board
Adopted March 9, 1994
Page 4
the scientific methods for evaluating their flow related needs,
as well as the legal and institutional complications related to
the protection of instream flows. Efforts to improve the
understanding of the endangered fishes' ecological needs are also
underway.
The CWCB has intensively reviewed flow protection options
over the course of the last year, working closely with the
Recovery Program and considering public comment at several points
in the process. One alternative would be to defer any filing for
fish recovery instream flow rights until the CWCB is fully
satisfied that the flow recommendations are supported by more
extensive data and biological analysis, and that the implications
for full development of Colorado's compact allocations are fully
understood. Another alternative would be for the CWCB to file
claims for the full amount of the Recovery Program flow
recommendations without delay or limitation. The CWCB considers
both of these extremes to be unreasonable. Therefore, the CWCB
has developed this Statement of Policy and Procedure to reflect
its interim strategy for the protection of fish recovery instream
flow water rights with minimal risk for future water development
opportunities and with minimal delay while additional information
about compact development opportunities and the needs of the
endangered fishes is developed.
POLICY STATEMENT
Action to protect the essential elements of habitat needed
to recover the endangered fishes should not be delayed. To delay
now, despite the uncertainties described above, would impair our
opportunities to implement the Recovery Program and to.avoid
substantial regulatory confrontation and litigation.
The CWCB supports Colorado's participation in the Recovery
Program to help assure full protection for Colorado's future
water development opportunities -and preserve the natural
environment to a reasonable degree. To the extent that the
recovery of endangered fishes will require the protection of
instream flows in Colorado, reliance upon the existing framework
of Colorado law and water rights offers the best means of
achieving those objectives.
The CWCB's authority to appropriate and protect instream
flows "to preserve the natural environment to a reasonable
degree" is sufficient to include these efforts to preserve the
aquatic habitat needed for recovery of the endangered fishes.
However, the CWCB will not claim or seek protection for instream
flow water rights which would deprive the people of the state of
Colorado of the beneficial use of those waters available -by law