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<br />. <br /> <br />. <br /> <br />. <br /> <br />4 <br /> <br />only be obtained if the rights were further compromised. Failure to reach a <br />compromise that satisfied the water users would almost certainly result in <br />many years of costly and time consuming litigation. Finally. the controversy <br />surrounding the rights was impeding progress in other parts of the Program. <br />including the development of a programmatic biological opinion for the <br />Colorado River and the introduction of legislation to authorize funding for <br />the Recovery Program, Based on all this. the Service concluded that the <br />benefits of moving forward was not worth the cost. Furthermore. the Service <br />is unwilling to continue to debate issues that have been thoroughly debated <br />and settled or entertain further compromises to rights that have already been <br />significantly compromised. <br /> <br />The RIPRAP currently outlines a process and schedule for adjudicating instream <br />flow rights for the Yampa. Gunnison. and White Rivers and other reaches of the <br />Colorado River. The Service continues to believe that protecting instream <br />flows is critical to meeting the objective of the Recovery Program to recover <br />and delist the endangered fishes. Consequently. the Service supports leaving <br />these action items in the RIPRAP in hope that the Board will successfully <br />adjudicate instream water rights that provide meaningful flow protection in <br />these river reaches. With respect to the Yampa River. the Service believes <br />that the current filings should be evaluated during the ongoing project to <br />develop a water management plan for the Yampa River. The Service will reserve <br />its judgement on those filings based on the contributions of rights to <br />protecting the flows needed by the endangered fishes in the Yampa and Green <br />ri vers . <br /> <br />'., <br />Several other water supply and flow protection activities identified in the <br />RIPRAP are currently being pursued for the Colorado River. including: <br />protection of water releases from Green Mountain Reservoir that are being made <br />available by the Orchard Mesa Settlement and the Grand Valley Water Management <br />Project: the permanent dedication of an additional 10.800 acre feet of water <br />for release to the 15-mile reach; enhancement of peak spring flows by <br />coordinating the operation of reservoirs in the headwaters of the Colorado <br />River; and a detailed analysis of other alternatives for enhancing peak spring <br />flows, Completion of these items is critical to the success of the Recovery <br />Program both in terms of its ability to recover the endangered fishes and to <br />serve as the reasonable and prudent alternative for existing and new water <br />deve 1 opment. ' <br />