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Mr . David Getches <br /> Page Six <br /> • <br /> possible to recover these species to the point where they fully <br /> occupy their historic range, the plan should at least recover <br /> the species to the point where intensive management is no longer <br /> necessary to ensure their survival. <br /> i-xth_,_._the—p-la-n---shoo ld take -into-ac-c-ount that exotic species - - <br /> in the river system have a detrimental effect on the _1isted-.--- ------ --- <br /> species. the plan should include measures to prevent the <br /> o-duction of exotic species into areas where they are not <br /> currently found, and should encourage efforts to eliminate exotic <br /> species in cases where that is feasible and does not conflict <br /> irreconcilably with other public policies. <br /> ____ Seventh, artificial measures may be usefu 'tit only as par <br /> of a larger, comprehensive effort to recover the fish species. <br /> -e proponents of such measures should bear the burden of proof. <br /> Before its adoption, an artificial measure must be demonstrated <br /> to (a) appreciably contribute to efforts to prevent the extinc- <br /> tion of one or more species; (b) not lead to significant genetic <br /> changes in the stocks; and (c) be a temporary measure that will <br /> restore the species to a condition where active human interven- <br /> tion and the continued investment of public resources are no <br /> longer necessary. Moreover, as the plan's reliance on artificial <br /> .measures increases relative to measures designed to protect the <br /> listed species' ecosystem, the proponents of artificial measures <br /> should bear an increasingly stringent burden of proving that such <br /> measures will contribute to the species' long-term survival. <br /> Eighth, timing is an important issue. It is essential that <br /> any measures (e.g., hatcheries, withholding water in federal <br /> reservoirs, operational changes in Flaming Gorge) be in place <br /> before the actions that those measures are designed -CO mitigate <br /> occur . <br /> 4. The Committee Should Examine How Changes to State <br /> Water Rights Systems Would Enhance Protection of Endangered <br /> Species and Zither Instream Values <br /> A final matter deserves your attention. As you know, main- <br /> taining instream flows, even the minimum amounts necessary to <br /> avoid species extinction or to promote other conservation objec- <br /> tives , has not traditionally been considered--and in many west- n - & . <br /> states today is still not considered--a beneficial use le sally - 1,--- <br /> protectable under state law. As a result, these water rights ..4- <br /> systems are, in substantial part, responsible for the current <br /> plight of the river basin's endangered fish species. Thus, we <br /> believe the Coordinating Committee must include in its discus- <br /> sions a consideration of possible changes in state water law as <br /> • well as changes it apparently intends to consider in federal law. <br />