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4. CWCB Instream Flow Appropriation Status & Schedule <br />The basic calculation which was considered before entering into the Recovery Program <br />was that approximately 10.797 million acre -feet of Colorado River water originates within the <br />state of Colorado, while the amount apportioned for our consumptive use is approximately 3.079 <br />million acre -feet. This leaves approximately 7 to 8 million acre -feet of water which Colorado <br />can protect for (non - consumptive) instream purposes to preserve the natural environment in <br />Colorado before those waters must flow across our stateliness for use downstream in other states. <br />Biological Flow Protection Recommendations. Biologists at the Fish and Wildlife <br />Service and the Colorado Division of Wildlife indicate that two aspects of the Yampa River's <br />flow regime need to be protected: a "peak flow" during the spring runoff months (April - July) to <br />maintain a variety of essential biological functions (e.g., spawning, inundation of adjacent <br />bottomlands), and a "base flow" adequate to keep the fish alive through the rest of the year (i.e., <br />to keep the fish and the rest of the river from drying up and dying). <br />Overview of the CWCB Staff Recommendation. The CWCB staff has recommended that <br />the CWCB apply for two water rights, one to protect the base flow and the other to protect the <br />peak flow. The base flow water right would protect habitat for the endangered fish against dry <br />up by any junior water right or any change of existing water rights. But it would only include a <br />small volume of water. The peak flow water right would protect a much larger volume of <br />water, as recommended by the biologists, but it would be limited by an administrative trigger. <br />The administrative trigger would be calculated and applied in a manner which will a) allow <br />development of new water supplies to continue (up to at least 52,000 acre -feet of additional <br />consumptive use b) guide junior water rights development into months when there is sufficient <br />water for both new human uses and for the endangered fish recovery, and c) protect habitat <br />during periods of extended drought. <br />Schedule for Flow Protection Decisions. The CWCB has been working for several years <br />on the development of instream flow protection measures for the Yampa River in consultation <br />with representatives of the Upper Yampa Water Conservancy District, the Colorado River Water <br />Conservation District, the cities of Craig and Steamboat Springs, and many other water interests <br />associated with the Yampa River. At its October 10 meeting in Craig, the CWCB will consider <br />the recommendation presented by its staff, comments from the public and from other Recovery <br />Program participants, and decide how it wants to proceed with the proposed water rights. It will <br />also discuss progress in developing the "operation and management plan" which has also been <br />under consideration for several years. This proposal recognizes that a junior water right, by <br />itself, will not meet all the needs of the endangered fish recovery effort or address related <br />socioeconomic concerns. <br />The CWCB has made commitments to the Recovery Program to file its water rights <br />applications in water court by December 1995, and the CWCB presently is scheduled to <br />conclude its administrative process on December 1, 1995 (before initiating the water court <br />application process later that month). <br />