BOARD02377

• Board Meeting Date: 7/13/1998
• Description: WSP Section - Colorado River Basin Issues - 15-Mile Reach Recovery Water Rights - Cases No. 5-95CW296 and 5-95CW297
• Board Meetings - Doc Type: Memo

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PHONE [phone]

FAX [phone] . P,O. BOX 440 . 905 HWY 50 WEST

LEGAL AGE1'4CT FeR
FRY-ARK
WATER PROJECT

SOUTHEASTERN COLORADO
.Water Conservancy District

. -... ~.. .

PUEBLO, COLORADO 61002

June 23, 1998

Mr. Peter Evans
Acting Director
Colorado Water Conservation Board
721 Centennial Building
1313 Sherman Street
Denver, CO 80203

Dear Peter:

RE: Comni.ents for CWCB Consideration regarding the Endangered Fish Instream
Flow Water Rights Applications on the Colorado River

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The Board of the Southeastern Colorado Water Conservancy District provides the
following list of key objectives for the CWeB's consideration regarding the endangered
fish Instream Flow Water Right Applications on the Colorado River:

t

1. Colorado River Base Flow Application-the Base Flow instream flow
application (95CW297) for the IS-mile reach should move forward with
negotiations toward a decree containing terms and conditions at least as
protective of existing water uses as those negotiated in the 581 cfs case (92
CW286), including a "poison pill" provision which would void the decree in
the event the federal government imposed a by-pass flow requirement on any
existing project;

2. Colorado River Recovery Flow Application-the Recovery Flow instream
flow application (95 CW 296) for the 15-mile reach should be withdrawn,
following consultation ....ith the Recovery Program;

3; Any additional alternatives to provide for flow protection should be
accomplished within the framework of state water law, and should be done in
such a way that the yield of existing west slope and east slope projects is not
diminished; and

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4. Non.flow Alternatives for Fish Recovery-non-flow alternatives needed for
the recovery of the endangered fish, including the stocking of endangered fish
and the removal of non-native competitors, should continue to be emphasized
by the CWCB. The protection of flows should be seen as just one element of
the recovery program toward meeting the goal of recovery.