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<br />. <br /> <br />. <br /> <br />. <br /> <br />PETER H. EVANS <br />WENDY C. WEISS <br />PAGE 2 <br /> <br />The River District's Board discussed the Service's May 4th "withdrawal of support" lilr the <br />IS.Mile Reach claims at their special board meeting held in Craig on June 19'h. (I previously sellt <br />to you a copy of 11 Memo dated June 9th which I gave to the Board about this issuc.) Aftcr Icngthy <br />discussion, the Board unanimously adopted amotion, which is quoted below from the dratl meeting <br />minutes which remain subject to the Board's correction and/or approval: <br /> <br />"With respect to the baseflow applications and the recovery flow applications on the <br />IS-Mile Reach of the Colorado River and the lower Yampa River, the River District <br />recommends to CWCB the following: <br /> <br />I. The CWCB should continue to pursue the baseflow water rights <br />pursuant to state law. <br /> <br />2. The CWCB should continue dialogue with the Fish & Wildlife <br />Service and the water corrununity on Recovery Program altemati ves <br />supported by science. <br /> <br />3. <br /> <br />The CWCS should leave the recovery flow applications in place <br />pending resolution of the dialogue referenced in item 2. " <br /> <br />The River District's Board is concerned that any flows provided for the endangered <br />fish should be based upon sound science and made available under state law. Based on my <br />Board's motion and their rationale expressed in their discussions, if the CWeD does decide <br />to withdraw its recovery flow filings, I believe that they should carefully consider the reasons <br />which they articulate for that decision. The State should not apologize for the reality that <br />state law requires proof of need and beneficial use that the filings apparently cannot meet. <br />I would urge the CWCS to be clear in any such decision that the unacceplahility of the <br />current recovery tlow claims is very strongly related to the substantial uncertainties in the <br />present technical work concerning the species' flow needs. <br /> <br />I plan to anend the CWCB's upcoming meeting in Telluride to participate in the discussion <br />of this issue and as appropriate to amplify on the River District Board's concerns, position and <br />motion. Thank you tor the opportunity to corrunent. <br /> <br />~~ <br /> <br />David C. Hallford <br />General Counsel <br /> <br />f)(:H.q <br />p;:.C:l'Wr.!H)jrllOlo. <br />U,ick!.>kn <br />w., Slop. ~u' ^1tOfJ\~" <br />