BOARD00752

• Board Meeting Date: 11/23/1998
• Description: Colorado River Basin Issues - Instream Flow Recommendations - 15-Mile Reach and Lower Yampa River
• Board Meetings - Doc Type: Memo

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Colorado Water Conservation Board
Department of Natural Resources
721 Centennial Building
131 3 Sherman Street
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]

STATE OF COLORADO

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MEMORANDUM

Roy Romer
Governor
James S. Lochhead
Executive Director, DNR
O<lries C. life, P.E.
Director, eWeB
Peter H. Evans
Acting Director, eweB

TO:

Colorado Water Conservation Board Members

Peter Evans ~ ~,
Acting Director

FROM:

DATE:

16 November, 1998

RE:

Agenda Item 17i, November 23-34, 1998 Board Meeting--
Colorado River Basin Issues - Instream Flow Recommendations,
15 Mile Reach and Lower Yampa River

Introduction: These endangered fish recovery instream flow applications are still
pending action in the respective water courts for Division 5 and 6, and there is continuing
interest in seeing them dismissed or withdrawn. However, as indicated below (and in the
memo for Agenda #17j), there is still sufficient doubt concerning the alternative
conservation measures that we recommend deferring this issue for consideration in
January 1999.

Backl!:round: In December 1995, the Board completed administrative
proceedings necessary to support applications for instream flow water rights requested by
the Recovery Implementation Program for Endangered Fish Species of the Upper
Colorado River Basin (Recovery Program). Since the spring of 1996, we have been
engaged with other Recovery Program participants in discussions concerning a proposed
Programmatic Biological Opinion prepared by the Fish and Wildlife Service (FWS) as a
means of clarifying the extent to which this Recovery Program could effectively address
the regulatory requirements for all water supply depletions affecting flows in the 15 Mile
Reach (between Palisade and Grand Junction) of the mainstem of the Colorado River.
Until last May, we were also engaged in the review of draft decrees for our water right
applications.

In May 1998, the FWS announced at a meeting of the IS-Mile Reach Discussion
Group, that they intended to withdraw their support for the CWCB's 1995 applications,
FWS representatives expressed concern that these applications would not provide
sufficient protection of instream flows if the water community keeps fighting to water
them down (pun intended), At your May 1998 meeting, you asked that we solicit
comments from our Recovery Program partners regarding the FWS announcement and
suggestions concerning next steps that the Board might consider. We reviewed
approximately 20 comment letters with you in July, 1998 and you agreed to defer further
consideration of this matter until November 1998, expecting that we would receive