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OFFICE OF THE EXECUTIVE DIRECTOR <br />Department of Natural Resources <br />1313 Sherman Street, Room 718 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3311 <br />TDD: (303) 866 -3543 <br />Fax: (303) 866-2115 <br />April 26, 1999 <br />Ms. Susan Baker, PARD <br />U.S. Fish and Wildlife Service <br />Fisheries <br />P.O. Box 25486, DFC <br />Denver, CO 80225 <br />STATE Cl-- COLORADO <br />Subject: Colorado's Comments on Draft Sufficient Progress Letter for the Upper Colorado River <br />Endangered Fish Recovery Program <br />Dear Ms. Baker: <br />Thank you for the opportunity to comment on the Service's draft sufficient progress letter. The State of <br />Colorado is pleased to see increases in populations as well as accomplishments in Nonnative Stocking <br />issues, research, fish passage and habitat improvements through various water acquisitions and floodplain <br />restoration. <br />We are concerned with item 4. (regarding flow protection) on page 2 of your letter. The Department of <br />Natural Resources has participated fully in the Recovery Program since its inception in 1988. As you are <br />aware, tremendous time and effort were invested in developing the concepts and language for the Colorado <br />Water Conservation Board's (Board) 1995 instream flow filings on the Colorado and Yampa rivers. The <br />Board withdrew its recovery flow filings on the Yampa and Colorado rivers, only after the Service and <br />other Program Participants withdrew support for the 15 Mile Reach flow filings. Board members <br />obviously shared many of the concerns that had been raised about these large, unconventional applications. <br />More importantly, however, the Board was compelled to consider the impact of the Service's surprise <br />withdrawal of support on May 4, 1998 on our ability to pursue these water right applications. The Service's <br />unilateral decision also left Colorado Division of Wildlife (CDOW) technical experts isolated in their <br />testimony and more vulnerable to attack in the adjudication process. <br />The flow protection issue which requires additional investigation by all Recovery Program participants to <br />reach a satisfactory solution as has been historically done within the Recovery Program forum. <br />Consequently, we have suggested language to replace item 4. on the attached page of the draft sufficient <br />progress letter. <br />The Wildlife Commission, the Board and our staff want to continue building a solid working relationship <br />with the Service and the Recovery Program with recovery and delisting of the endangered fish as our <br />mutual goal. If you have any questions, please don't hesitate to contact us. <br />Sincerely, <br />Bruce McCloskey <br />Deputy Director <br />Colorado Division of Wildlife <br />Colorado Management Committee Representative <br />Attachment <br />Q'iew 1-4. &.., <br />Peter H. Evans <br />Director <br />Colorado Water Conservation Board <br />I:wctrans /seed/recovery program/2000suffprog.doc <br />PFF "i'v, <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Bill Owens <br />Governor <br />Greg E. Walcher <br />Executive Director <br />Board of Land Commissioners • Division of Minerals & Geology /Geological Survey <br />Oil & Gas Conservation Commission • Colorado State Parks • Soil Conservation Board <br />