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<br />WHEREAS, it is the duty of the CWCB to promote the <br />conservation of the waters of the state in order to secure the <br />greatest utilization of such W4ters and the utmost prevention of <br />floods, which includes the power and the duty to: cooperate with <br />the United States and its agencies for the purpose of bringing <br />about the greater utilizatioh of the waters of the "state; <br />investigate and assist in fOr11lulating a response to the plans, <br />purposes, procedures, requirements, laws, proposed laws, or other <br />activities of the federal government which affect or might affect <br />the use or development of the w4ter resources of the state; confer <br />with and appear before the Officers, representatives, boards, <br />bureaus, committees, commissions, or other agencies of the federal <br />government for the purpose of protecting and asserting the <br />authority, interests, and rights of the State of Colorado and its <br />citizens with respect to the waters of the interstate streams in <br />the state; and, in general, take such action and have such powers <br />as are incidental to the foregoing specific provisions and to the <br />general purposes of the statut~ (S;37-60-106, C.R.S.); and <br /> <br />WHEREAS, the CWCB is vested with the exclusive authority to <br />appropriate and acquire such waters of natural streams and lakes as <br />the CWCB determines may be requtred for minimum stream flows or for <br />natural surface water levels or volumes for natural lakes to <br />preserve the natural environment to a reasonable degree pursuant to <br />S;37-92-102(3), C.R.S.; and <br /> <br />WHEREAS, pursuant to con~ultations under Section 7 of the <br />Endangered Species Act, the Se~ice found that new water projects <br />in the Upper Colorado River l3asin would likely jeopardize the <br />continued existence of the endangered fish species, so that the <br />protection of the endangered fish threatened to embroil all <br />interested parties in a confrontation between resource protection <br />and resource development; and <br /> <br />WHEREAS, the states of Colorado, Wyoming, and Utah; the <br />Service; the U.S. Bureau of Reclamation; the Western Area Power <br />Administration; water resource development organizations; and <br />environmental organizations developed and agreed to the Recovery <br />Implementation Program for Endangered Fish Species in the Upper <br />Colorado River Basin (Recovery Program); and <br /> <br />WHEREAS, the purpose of the Recovery Program is to recover the <br />endangered fish while providin~ for water development tG continue <br />and proceed in the Upper Colorado River Basin in accordance with <br />interstate compacts and federal and state law; and <br /> <br />WHEREAS, one element of the Recovery Program, S;4.1, involves <br />identifying the endangered fish species' flow requirements and <br />acquiring or appropriating water or water rights to provide those <br />flows in a manner consistent With all state laws; and <br /> <br />WHEREAS, the Service is r~lying upon the CWCB to appropriate, <br /> <br />2 <br />