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<br />. <br /> <br />\\ Wat~~~~~~"gC'~"=" <br /> <br />RECEIVED <br />JUH 1 /) 1998 <br /> <br /> <br />eoColorado Water <br />nservation Boarc <br /> <br />June II, 1998 <br /> <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203-2279 <br /> <br />Attention: Mr. Peter Evans, Acting Director <br /> <br />SUBJECT: Future ofCWCB Actions Re: Case Nos, 9SCW296 and 297, Water Division 5 <br /> <br />Dear Peter: <br /> <br />. <br /> <br />In response to yourrequest and the request of W endy Weiss, I am submitting the following <br />comments regarding the two instream flow filings on behalf of the Upper Basin water users <br />participating in the Upper Colorado Recovery Program. <br /> <br />1. Neither the recovery flow nor base flow filing on the IS-mile reach of the Colorado River <br />should be withdrawn at this time, because the implications for the Section 7 Agreement are <br />unclear. These filings are still included in the Recovery Program Recovery Action Plan <br />(RIPRAP). The Recovery Program should be consulted before taking any action regarding <br />withdrawal of filings. <br /> <br />2. The base flow filing appears to provide some benefits to the endangered species, The Board <br />should move ahead with adjudicating this filing, <br /> <br />3, Action on the recovery flow filing should be put on hold until it is determined whether or not <br />an acceptable structure for the filing can be crafted and/or acceptable alternatives can be <br />found that would satisfY the commitments made under the Recovery Program regarding <br />protection of flows under state law, <br /> <br />. <br /> <br />4, There may be acceptable alternatives to the current recovery flow filing, including non-flow <br />alternatives, that will help recovery of endangered fish. Some of these alternatives are being <br />explored in the current discussions on the Colorado River Programmatic Biological Opinion, <br />and others may be available. <br /> <br />5, While the U.S. Fish and Wildlife Service has voiced concerns over the benefits of the filing <br />to endangered fish in their current form, the Service has stated that it is still committed to <br /> <br />535 North Garfield Avenue <br />Loveland. Colorado 80537.5548 <br /> <br />Phone: 970.667-8690 <br />FAX: 970.667.8692 <br /> <br />E-Mail: <br />h2orus@waterconsult.com <br />