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<br />.. .' <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br /> <br />United States Department of the Interior <br /> <br />FISH AND Wll.DLIFE SERVICE <br />Mountain~Prairie Region <br /> <br />IN REPLY REFER TO; <br /> <br />MAlllNG ADDRESS: <br />Post Office Box 25486 <br />Denver Federal Center <br />Denver. Colorado 80225-0486 <br /> <br />STREEf LOCATION: <br />134 Union Blvd, <br />Lakewood. Colorado 80228-1807 <br /> <br />FWS/R6 <br />COKANUT <br /> <br />"SEP 0 9 19.96 <br /> <br />Memorandum <br /> <br />To: Implementation Committee <br /> <br />From: Regional Director. Region 6 <br /> <br />Subject: Service Support for Colorado's Instream Flow Filings <br /> <br />On May 4. the Fish and Wildlife Service announced that it was withdrawing its <br />support of the instream flow water rights filings for the Colorado River made <br />by the Colorado Water Conservation Board in December 1995. The purpose of <br />this memorandum is to explain the rationale for this decision by the Service <br />and discuss the implications for the Recovery Program. <br /> <br />Background <br /> <br />The recovery plans for the endangered Colorado River fishes identify <br />protection of the habitat that is needed by fish as a requirement for <br />delisting under the Endangered Species Act. ,For example. a delisting criteria <br />identified in the Colorado Squawfish Recovery Plan is that ". . . essential <br />habitats. primary migration routes. required stream flows and necessary water <br />qua 1 i ty are 1 ega 11y protected." As a result of thi s requi rement. 1 ega 1 <br />protection of instream flows was included as a key element of the Recovery <br />Program. Section 4.1.3(c) states: <br /> <br />"The success of this recovery program is contingent upon provision of <br />water rights for instream flows that satisfy the requirements of the <br />Endangered Species Act. . . . Instream,f10ws for, segments within the <br />State of Colorado, . . will be appropriated and acquired by the Colorado <br />Water Conservation Board pursuant to the procedural and substantive <br />requi rements of State 1 aw. " <br /> <br />For the past 10 years. the Service has worked patiently and in good faith with <br />the Board to carry out this provision of the Recovery Program. Initial <br />