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c. Recovery and protection of rare species is to be a cooperative effort <br />between the Federal government, the States, water and power users, and <br />conservationists. This means, among other things, that the cost of <br />providing instream flows and other recovery activities will be shared <br />by these parties (see Section 5.0). <br />d. Water rights for instream flows established under this process will be <br />appropriated, or acquired, and administered pursuant to State law and <br />will, therefore, be legally protected as any water right under State <br />laws. Where water rights for instream flow cannot be obtained, they <br />will be protected through contracts or administrative agreements with <br />holders of appropriated water rights. <br />Implementation of these principles will require a coordinated effort among all <br />parties. One of the Implementation Committee's central duties will be to make <br />recommendations to the Secretary and to the appropriate State agencies on <br />maintenance of instream flows, as defined through the following processes. <br />4.1.2 Determining Habitat Flow Needs <br />Instream flow needs are based upon the habitat requirements of rare fish <br />species at various life stages (Appendix 6.1). The Instream Flow Incremental <br />Methodology provides a useful framework for relating flow to maintenance of <br />specific habitat needs. However, it is recognized that questions and <br />uncertainties remain in efforts to correlate fish populations and habitat <br />needs with instream flows. This is the reason for the unique approach <br />described in this document. Under this program, research will continue, and <br />new information will continually be integrated into the process for <br />determining instream flows to assist in answering these questions and <br />uncertainties. <br />Instream flow requirements for the four rare fish species will be established <br />through the following sequence of events: <br />a. Sensitive reaches requiring specific instream flows will be identified <br />by the Fish and Wildlife Service in consultation with the States and <br />other appropriate parties. The Service will review and update the <br />initial river reach prioritization document previously prepared by the <br />Biology Subcommittee (Appendix 6.3) and will recommend revisions to <br />the Implementation Committee, as necessary. <br />b. The Service, in consultation with the States, will be responsible for <br />further prioritizing those sensitive reaches to reflect (a) the <br />reaches' biological significance, and (b) the timing of water <br />development or other activities that might affect those sensitive <br />areas. The purpose of this prioritization is to identify those <br />reaches where the Implementation Committee should focus its time and <br />resources in ensuring provision of instream flows for the four rare <br />fish species. <br />c. The Service will develop a prioritized work plan for identifying <br />habitat needs including instream flow and other requirements, for the <br />sensitive reaches. For example, the Service may determine that <br />additional or new instream flow information is needed on an important <br />river segment and that this work should receive a high priority. The <br />Service will submit to the Implementation Committee, for its review <br />4 -2 <br />