BOARD00950

• Board Meeting Date: 9/6/1985
• Description: Meeting Notes & Memos
• Board Meetings - Doc Type: Meeting

Members, CWCB
August 29, 1985
Page four

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(5) Instream flows --

DNR paper at pp. 10-12
EDF paper at p. 13

Instream Flows

The Board obviously has a direct interest in this matter.
Indeed, I have taken the position in this process that only
the Board has the authority under Colorado law to appropriate
instream flows. Thus, I think it particularly important that
the Board focus on this element of the proposed recovery plan.

In the task group's deliberations, Colorado suggested
that the recovery plan embrace the following principles:

(1) Certain instream flow$ will be needed for the recovery
and conservation of the subject fish species,

(2)

Such instream flows must be appropriated and admin-
istered pursuant to state law (both original appro-
priations and acquisitions of existing water rights
for change to instream flow uses),

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(3) The cost of acquiring existing water rights for change
to instream flow uses is a responsibility of the
recovery effort, and

(4) Specific flows in specific reaches cannot be committed
to at this time as they will have to be considered
and acted upon by the Board on a site specific basis.

I recommend that the Board consider its position on this
matter and how the recovery plan should be framed to reflect
the Board's position.

Fundinq Recovery Efforts

I have consistently taken the position that recovery of
endangered species is a federal responsibility under section
4(f) of the Endangered Species Act. At the same time, the
issue of funding recovery efforts in the face of federal budgetary
constraints must be squarely faced. The Board has a direct
interest in this matter because of the suggestion that existing
water rights be purchased and changed to instream flow uses
and because surcharges on sales of water from federal projects
and CRSP power revenues have been suggested as potential funding
sources.

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