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. United States Department of the Interior FISH AND WILDLIFE SERVICE Mountain-Prairie Region IN REPLY REFER TO: MAlllNG ADDRESS: Post Office Box 25486 Denver Federal Center Denver. Colorado 80225-0486 STREET LOCATION: 134 Union Blvd. Lakewood, Colorado 80228-1807 FWS/R6 COKANUT PSEP 0 9 1998 Memorandum To: Implementation Committee From: Regional Director. Region 6 Subject: Service Support for Colorado's Instream Flow Filings . On May 4. the Fi.sh and Wildlife Service announced that it was withdrawing its support of the instream flow water rights filings for the Colorado River made by the Colorado Water Conservation Board in December 1995. The purpose of this memorandum is to explain the rationale for this decision by the Service and discuss the implications for the Recovery Program. Background The recovery plans for the endangered Colorado River fishes identify protection of the habitat that is needed by fish as a requirement for delisting under the Endangered Species Act. For example. a delisting criteria identified in the Colorado Squawfish Recovery Plan is that ". . . essential habitats. primary migration routes" required stream flows and necessary water quality are legally protected." As a result of this requirement. legal protection of instream flows was included as a key element of the Recovery Program. Section 4.1.3(c) states: "The success of this recovery program is contingent upon provision of water rights for instream flows that satisfy the requirements of the Endangered Species Act. . . . Instream,flows for segments within the State of Colorado. . . will be appropriated and acquired by the ,Colorado Water Conservation Board pursuant to the procedural and substantive requirements of State law." . For the past :0 years. the Service has worked patiently and in good faith with the Board to carry out this ~(cvision of the Recovery Program. Initial