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<br />. <br /> <br />. <br /> <br />. <br /> <br />Peter Evans <br />Wendy Weiss <br />Randy Seaholm <br />Page 2 <br />July 2, 1998 <br /> <br />2. Pursue 9SCW297, the application for lS.Mile Reach baseflows. Denver believes that <br />this filing can provide a meaningful increment of flow protection for the endangered <br />fish and for the natural environment. <br /> <br />3. Postpone a decision on 9SCW296, )he recovery flow application, until alternative <br />flow protection mechanisms which are currently being evaluated in the IS-Mile <br />Reach Biological Opinion workgroup are further explored and a plan for <br />implementing protection mechanisms is included in the RIPRAP. The 1995 filing <br />date may have a benefit in a reconfigured watenight consistent with as yet.to-be- <br />identified alternative protection mechanisms. <br /> <br />4. The Board should ascertain from the FWS specific concerns regarding the IS-Mile <br />Reach instream flow filings so that those concerns can be addressed in either a <br />reconfiguration or new application for the instream filings. ' <br /> <br />5. To our knowledge FWS bas not made a determination that the Yampa River basetlow <br />and recovery flow filings are no longer ofbeilefit. The Board should ask the FWS to <br />clarify its position on the Yampa instream flow fUings before taking further action. <br /> <br />Denver is aware of the controversy and opposition surrounding these' filings. We <br />appreciate the tremendous effort and time your staff bas spent on these filings and <br />identifying means to protect flows for the endangered fish pursuant to state law. Despite <br />the fact instream flow protection for the endangered fish may seem at odds with <br />Colorado's prior appropriation system, Denver remains convinced that positive <br />alternatives exist for East and West Slope water users, the state in general, and the <br />endangered fish, through means consistent with state law. This may involve future <br />instream flow filings, contract arrangements, some combination of the two, or a vehicle <br />that no one can envision at this point. <br /> <br />Thank you giving Us the opportunity to conunent. <br /> <br />Sincerely, <br /> <br />~ <br /> <br />Ed Pokorney <br />Director of Planning <br /> <br />N:\@ENVl'LANlJEMlCRPI1SMIlSFIISFCOMM.DOC <br />