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needs of the endangered fish into Colorado's existing system of water rights. In order to achieve this, two major areas of uncertainty needed to be addressed, (1) specific flow needs of the fish and (2) the likely location and magnitude of the development of Colorado's unused Colorado River Compact apportionment. The CWCB convened an ad hoc Endangered Fish Flow and Colorado River Compact Water Development Workgroup ( "Workgroup ") composed of 17 individuals representing various geographical regions and water related interests associated with Colorado River water supplies (e.g. irrigation, municipal and industrial, water conservancy districts, environmental) to assist in the second of those tasks and in estimating the future uses of Colorado's unused compact apportionment in the various subbasins of the Colorado River Basin and to assure that the people of Colorado are not deprived of the beneficial use of those waters available by law and interstate compact. The Workgroup accepted the following premises after considerable review and discussion of the documents related to the "Law of the Colorado River ": • Average Colorado River basin hydrology within the state is about 10.8 MAF. • Colorado's compact apportionment ranges between approximately 3.079 MAF (most likely) and 3.855 MAY (best case). • Colorado's current maximum adjusted consumptive use of water is approximately 2.6 MAF. • Colorado's remaining unused apportionment likely is around 450,000 AF but could be as much as 1.2 MAF (best case). The Workgroup's report offers a recommended range of development allowances for distributing the remaining apportionment among the major tributary basins of the Colorado River within Colorado as well as a number of useful observations. Copies of the report are available upon request. Endangered Fish Recovery Program - Enhanced Regulatory Certainty - CWCB participation remains strong in both the Upper Basin Recovery Program (started in 1988) and the San Juan River Recovery Program (the "SJRIP," started in 1993). Both programs are intended to coordinate state support, water interest support, environmental interest support and federal agency support for the recovery of endangered fish species that are native to the Colorado River so that development of the full allocation of water supplies within the Upper Basin states can continue. The CWCB continues to support efforts by these two programs to provide certainty for existing and future water supplies in coordination with the Colorado Water Congress and other program participants. At the present time, we are looking to the Fish and Wildlife Service (FWS) for evidence that our investments in the Recovery Programs will be rewarded with sufficient certainty for Colorado water supplies in the form of a "programmatic Section 7 consultation," for water development affecting the 15 -Mile Reach (between Palisade and Grand Junction) which we hope will indicate that all existing supplies are already protected and that at least another 100,000 AF of consumptive use can be permitted if Colorado helps assure the implementation of the Recovery Program's "recovery action plan." However, we have indicated clearly to the FWS that their flow recommendations exceed the available flows in the river and that it is unrealistic to expect to achieve their recommendations. If we see sufficient evidence of certainty for these current and future uses, we will be in a position to initiate settlement discussions with the Recovery Program participants and other parties to the CWCB "recovery flow" water rights applications pending in the water court (these water right applications seek to protect all the unappropriated waters in excess of a "carve out" for future development under a modifiable water right bearing a 1995 priority date.). The CWCB left many details relative to these cases to be determined through the course of these discussions to increase the opportunity for settlement and to avoid imposing hardships. C; \msoffice \winword \document \basi nissues December 30, 1997 Page 5 of 19