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federal reservoirs and projects on the Rio Grande. It is important that Colorado be involved in the Recovery Plan to protect Colorado's entitlements under the Rio Grande Compact. In addition, the Rio Grande Sucker may also be listed. Aquifer Protection. The San Luis Valley confined aquifer is a significant resource that supplies a portion of the agricultural and municipal water needs of the Valley. The aquifer also provides a portion of the base flow of the Rio Grande and Conejos River, which is important with respect to Compact deliveries. Additional development and export of up to 100,000 AF of water per year from this aquifer is being proposed. The impact of this additional pumping must be carefully and fully analyzed upon existing users of this important aquifer. Additional data will soon be available on the evapotranspiration from native vegetation that significantly affects the overall water budget of the San Luis Valley. This new information must be incorporated into the current ground water model of the San Luis Valley in order to more accurately predict the impact of the proposed export of 100,000 AF per year. Native Aquatic Species Facility. The CWCB and the Colorado Water Congress have encouraged the CDOW and Wildlife Commission to develop and operate research and hatchery production facilities for declining aquatic species since the late 1980s as a measure of protection against federal regulatory requirements applicable to the development of new water supplies and the ongoing management of many existing water supplies. The CWCB has organized and financed an extensive evaluation of potential sites and adopted resolutions with the Wildlife Commission to promote the establishment of such facilities. In 1997, The CWCB recommended making up to $2 million available from the Construction Fund for up to 40% of the cost to acquire land, design and construct the facility and operate it for up to three years; this recommendation was approved by the General Assembly (SB 97 -008). The Wildlife Commission has agreed to cover the remaining land acquisition, design, construction and operating cost. A site in the San Luis Valley, where geothermal wells are known to produce warm water of acceptable quality and in sufficient quantities has been acquired and work on a schedule for final design and construction of the first facilities is in progress. Among the aquatic species which may be studied and assisted at the proposed facility are the flannel mouth sucker (native to the Colorado River), the boreal toad (native to high elevation forests in many basins), the plains top minnow (native to the South Platte River, the Arkansas darter (native to the Arkansas River) and the silvery minnow and Rio Grande Sucker (native to the Rio Grande). U.S. Forest Service Federal Reserved Water Right Claims — A draft decree is currently being circulated for review that quantifies the USFS instream flow claims on 303 stream segments in the Rio Grande Basin. ARKANSAS RIVER BASIN Arkansas River Compact and Compliance. Colorado is obligated to enforce the provisions of the Arkansas River Compact. As a result of the decision of the U.S. Supreme Court in May, 1995, in Kansas v. Colorado, Colorado had to act quickly to address post- Compact well pumping impacts. The State Engineer filed new rules addressing well pumping with the Water Court in September, 1995. Judge Anderson approved the rules on April 30, 1996, with an effective data of June 1, 1996. The rules require that all depletions to usable stateline flow be replaced, as well as all out -of- priority depletions to senior surface water rights. With the help of resources provided by the Legislature in SB 96 -124, Colorado should be in compliance with the Compact in 1997. C; \msoffice \winword \document \basi nissues December 30, 1997 Page 12 of 19