BOARD01131

• Board Meeting Date: 7/26/1999
• Description: ISF Section - Proposed Changes to the ISF Rules - Errata Sheet and Additional New Information
• Board Meetings - Doc Type: Memo

e

Henry Maddux
Director,
Recovery Program

UPPER COIORAID RIVER
ENDANGERED FISH
RECOVERY PRffiRAM

Ralph Morgenweck
Chairman,
Implementation Committee

~

.

U.S. Fish and Wildlife Service. P.O. Box 25486 . Denver Federal Center. Denver, CO 80225 . [phone] . Fax [phone]

COIKS/NE/UT-CR/FY 99
Mail Stop 65115

JUl 1 4 1999

Mr. Dan Merriman
Colorado Water Conservation Board
1313 Sherman Street
Denver Colorado 80203

RECEIVED
JUt 161999

Colora.dO \V;~re~ .
Conserv2:iZ\;,\ t.:.(::':i':

We have reviewed the proposed changes to Colorado Instream Flow Program and offer the
following corrunents.

General Corrunents:

e

We support the intent of the changes in the rules and recorrunend their acceptance and
implementation subject to minOT revisions. The Board's staff should be corrunended for their
efforts in developing the changes and the public review process. We found the workshop held on
July 8, 1999, very informative and useful in understanding the proposed changes.

The intent of the rules should be clarified as discussed at the workshop. We do not support the
suggestion that experts in support or opposition to the filings be cross examined before the
Board. Also, the function and power of the hearing coordinator should be further defmed in the
rules. The judicial review process should be clarified as discussed at the workshop.

Specific Corrunents:

5.10 This paragraph sounds as if staff will coordinate collection of field data with State and
Federal Agencies. In many cases, the data may have already been collected. Should add "and
analysis of existing data" after". . . field data. . . ."

5.20 The deadline for providing new data should be moved up to May 15. The additional time
should be added to provide rebuttal to corrunents received up to that time and moving up the
hearing schedule for filings that are contested.

e

5.62(B)(iii) In many cases such as the Yampa instream flow filings the staff used portions of the
Fish and Wildlife Service's recommendations but not all. Should add words "in part or whole"
after "based".

u.s. Fish and Wildlife Service . U.S. Bureau of Reclamation . Western Area Power Administration . Colorado . Utah . Wyoming
Environmental Defense Fund . National Audubon Society . Colorado Wildlife Federation . Wyoming Wildlife Federation
Colorado Water Congress . Utah Water Users Association . Wyoming Water Development Association . Colorado River Energy Distributors Association