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, ,If STATE OF COLORADO Colorado Water Conservation Board Department of Natural Resources 721 State Centennial Building 1313 Sherman Street Denver. Colorado 80203 Phone (303) 866-3441 FAX (303) 866-4474 o Roy Romer Governor MEMORANDUM James S. Locbhead Executive Director. DNR Danes C. Lile. P.E. Director. eweB TO: Colorado Water Conservation Board Members FROM: Peter EvansQuh' ~<ofL Gene Jencsok ~ IF" DATE: October 17, 1995 SUBJECT: Agenda Item I, October 20, 1995 Board Meeting Endangered Fish Recovery ISF Water Right - Colorado River (Mainstem) On September 15, 1995, the Preliminary Notice was issued for an Instream Flow Appropriation in the Colorado River (mainstem) between the Grand Valley Irrigation Company diversion at Palisade and the confluence of the Gunnison River at Grand Junction to preserve habitat and protect flows necessary to recover the four endangered fish species (Le., the Colorado squawfish, humpback chub, bonytail chub, and razorback sucker). This segment of the Colorado River is generally referred to as the "15 Mile Reach." These state efforts to protect instream flows in the 15 Mile Reach of the Colorado River reflect Colorado's commitment to pursue a less confrontational alternative to the federal regulatory process that would otherwise dominate the development and management of Colorado River water supplies. Based on the 1994 "Statement of Policy and Procedure" adopted by the Colorado Water Conservation Board ("CWCB") for appropriation offish recovery instream flows, and your direction that we make every effort to meet the flow protection deadlines established through the Recovery Implementation Program for Endangered Fish Species in the UpperColorado River Basin ("Recovery Program"), we have evaluated many water rights appropriation options and reviewed the results in many public meetings before developing this proposal. However, in light of the relatively young science which supports the development of instream flow recommendations for these endangered species, the large size of the now recommendations, the location of the instream flow segments, the interstate compact issues. the Snowmass Creek ruling, and other issues, we expect that there will be continued concern rdated to the CWCB commitment to protect flows for the recovery of the endangered tishes. The Recovery Program's Recovery Action Plan (RIP RAP) incorporates the CWCI3's commitment to apply for instream flow water rights in the 15 Mile Reach of the Colorado River by December 1995. Meeting this schedule will effectively demonstrate the CWCI3's willingness to protect instream flows for the recovery of endangered species in a manner which is consistent with Colorado's laws and property rights. This effort by the CWCB will also help to assure that 95C 1489