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<br />. <br /> <br />. <br /> <br />. <br /> <br />4 <br /> <br />a periodic basis. It became apparent to the Service that water user support <br />for the filing would only be obtained if the rights were further compromised. <br />Failure to reach a compromise that satisfied the water users would almost <br />certainly result in many years of costly and time consuming litigation. <br />Finally. the controversy surrounding the rights was impeding progress in other <br />parts of the Program, including the development of a programmatic biological <br />opinion for the Colorado River and the introduction of legislation to <br />authorize funding for the Recovery Program. Based on all this. the Service <br />concluded that the benefits of moving forward was not worth the cost. <br />Furthermore, the Service is unwilling to continue to debate issues that have <br />been thoroughly debated and settled or entertain further compromises to rights <br />that have already been 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 />rivers. <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 />development. <br />