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 5
and interstate compact.
IMPLEMENTATION PROCEDURE
In determining the size and structure of fish recovery
instream flow rights, the CWCB will consider (a) the Recovery
Program flow recommendations, (b)the physical availability of
water in the affected stream(s), and (c) Colorado's compact
apportionment of Colorado River waters. The CWCB will
appropriate fish recovery instream flow water rights on the basis
of these guidelines and in accordance with Colorado law and the
ISF Rules in the appropriate Colorado water courts. The CWCB
recognizes that, while there is uncertainty concerning the
available information, there is a considerable body of
information. This information may provide an adequate basis for
the appropriation of instream flows in the context of this policy
and procedure. .The adequacy of the available information must be
determined by the CWCB in addressing each specific instream flow
appropriation. The CWCB will continue to provide public notice
and opportunities for public comment throughout the process.
The CWCB will use the Recovery Program flow recommendations
as a starting point in determining the size and structure of its
fish recovery instream flow water rights. The CWCB will request
a biological assessment of the Recovery Program flow
recommendations from the Colorado Division of Wildlife, and
provide an opportunity for public review of the biological and
scientific basis for those flow recommendations. The CWCB
recognizes that the Recovery Program will already have provided
substantial "peer review" of the data and analysis supporting its
flow recommendations. Nonetheless, the CWCB must consider all
available information relevant to the flow recommendations before
making the determinations required by state law, the ISF Rules,
and the Enforcement Agreement. Based upon these considerations,
the CWCB will establish its biologically based flow
recommendation.
Furthermore, in establishing the size and structure of its
fish recovery instream flow water rights, the CWCB will also
complete a hydrological assessment. The CWCB may appropriate
less than its biologically based flow recommendations to the
extent that those recommendations exceed the amount of water
physically available in -the stream segment and to the extent
necessary to avoid near -term conflicts with reasonably
foreseeable development. Based upon these considerations, the
CWCB will determine the quantity of water to be appropriated.
By formal resolution, the CWCB will indicate the portion of
each fish recovery instream flow water right which will be