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flows to secure, "voluntary protective measures" on forest lands is nothing less than <br /> extortion. That word is defined as "the act or practice of wresting anything from a person <br /> by force,by threats, or by any undue exercise of power; undue exaction; overcharge." <br /> Sound Science <br /> Some detractors argue state instream flow programs often do not provide sufficient flows. <br /> However, the State of Colorado's instream flow methodology, R2 Cross, is more than <br /> adequate to address instream flow needs. In fact, that methodology was developed by <br /> Region Two of the Forest Service and improved upon by the State of Colorado. We simply <br /> insist that recommendations are based upon sound science and recognize existing water <br /> rights and interstate compacts. It is critical that the Forest Service base their <br /> recommendations on sound science and a specific assessment of species or habitat needs. <br /> Even then, we should work with the Forest Service to monitor and accurately evaluate the <br /> actual impacts of such acquisitions. <br /> Prior Appropriations and Interstate Compacts Help Protect Flows <br /> While some argue states must make substantial changes in their programs and laws before <br /> the Forest Service quits imposing bypass flows, the priority system often protects instream <br /> resources. As to the assertion that state law might allow the dam owner to dry up the <br /> stream, that is simply not the case in Colorado. Senior demands pull water past upstream <br /> junior diversions and assure healthy streams in the process. Interstate compacts do the <br /> same on a much larger scale. A full 75% of the Colorado River must pass through <br /> Colorado to fulfill compact requirements to other Colorado River Basin States. Forty <br /> percent of the Arkansas River must do the same. In fact, of all rivers in this headwaters <br /> state, only portions of warm water habitat on the South Platte are occasionally dewatered in <br /> dry years. <br /> Some rivers and several tributaries historically dried up, including the South Platte. Since <br /> 1900, South Platte River flows, as many in the state,have increased steadily due to <br /> irrigation and more efficient water use through storage. According to the Colorado <br /> Division of Wildlife, water storage has greatly increased the sustainable trout fisheries in <br /> Colorado. For example, Gold Medal trout water exists below several major reservoirs and <br /> provides better trout habitat, particularly in dry years, than existed prior to development. <br /> Endangered Species <br /> Instream flows for cutthroat trout streams (the greenback cutthroat trout is listed as a <br /> threatened species and the Colorado River cutthroat trout has been petitioned for listing) <br /> are among the highest priorities in the 2002 Work Plan for the CWCB. <br /> The greenback cutthroat trout has done exceptionally well in recent years in streams <br /> administered by the prior appropriations doctrine in Colorado. In this case, the U.S. Fish <br /> and Wildlife Service delegated incidental take authority under Section 9 of the Endangered <br /> Species Act(ESA)to the Colorado Division of Wildlife for the greenback cutthroat trout, a <br /> 8 <br />