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. Mr. Ralph Morgenweck Mr. Greg Walcher Ae: Upper Colorado River Basin Endangered Fish Species Recovery Program ~ay 6, 1999 Page 2 As currently drafted, the 15MRPBO anticipates that certain parties such as the River District, Denv~r Water, Northern Colorado Water Conservancy District, Southeastern Colorado Water Conservancy District and the State (either through the Department of Natural Resources or the Colorado Water Conservation Board) will sign "recovery agreements." While the specifics of those agreements are still being revised, these recovery agreements may require the signatories to cooperate, or at least not to impede, actions necessary to implement certain important Recovery PrograIn measures. While many of the measures are specific to the 15-MileReach or Colorado River Mainstem, there are several critical measures that affect all basins or at least will set a significant precedents for other basins. Support for the federal funding legislation, the flow protection strategy, and reliance upon Yampa and White River peaks for Green River peak flows are a few examples. Before the River District's mid-July Board Meeting, David Hallford, Ray Tenney and I must decide on a recommendation to the Board concerning the 15MRPBO. Before we do so, we believe that it is critical that the River District, Service and State reach an understanding of Recovery Program issues affecting the other river basins previously mentioned. . The following issues are critical: 1. The Service's commitment to utilize the Recovery Program as the reasonable and prudent alternative to offset jeopardy and adverse modification to critical habitat for all existing depletions and some increment of new depletions for each of the identified basins. How can we expect board members of either the Colorado Water Conservation Board or the River District representing the Yampa, White, Gunnison or Dolores Basins to consider supporting the 15MRPBO or the funding legislation until the Recovery Program provides a level of protection for those basins on par with the protection accorded the Colorado River (mainstem) Basin users and the Duchesne River users within Utah? 2. Yampa River Management Plan: While other basins or biological opinions that depend on the Yampa and White Rivers for their hydrologic contributions to the Green River system have now or will have considerable regulatory certainty, development of a clear Yampa River strategy that meets both the needs of the Recovery Program and allows for future consumptive uses within the Yampa River basin remains an elusive goal. .