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Memo to Colorado Water Conservation Board Members From: Petet Evans and Gene Jencsok Date: October 17, 1995 SUBJECT: Agenda Item 2, October 20, 1995 Board Meeting Endangered Fish Recovery ISF Water Right - Colorado River (Mainstem) Page 3 modification provisions. The eWCB would enforce this water right as soon as any junior water right caused flows within the protected segment to drop below the appropriated levels of flow. The recovery flow water right would protect the variable character of the natural hydrograph for the IS Mile Reach, including the large peak flows during the spring runoff months, and should be at least one day junior to tj1e baseflow water right. As proposed for the recovery flow water right in the Yampa River, this recovery flow water right should be subject to terms and conditions (to be developed in the course of water court proceedings) that will allow development of a 100,000 acre-foot development allowance (allocated in monthly increments) before the eWCB exercises this water right. The recovery flow water right might specify monthly instream flow levels which reflect the FWS flow recommendations for the IS Mile Reach of the Colorado River, or protect the flows remaining in the river after the monthly increments of the development allowance are in use, Our recommendation is consistent with the recommendations of the Compact Development Projection Workgroup (described below), which recommended a total development allowance of 242,000 acre-feet, in that our recommended development allowance (100,000 acre- feet) could be increased in the future to accommodate additional development needs. We recommend, however, that this modifiable aspect of the recovery flow water right be limited by a eWCB commitment that the development allowance increments can only be increased to a total of242,000 acre-feet (including the initial 100,000 acre-foot development allowance). This recommended limitation is also consistent with the eWeB's 1994 Statement of Policy and Procedure (reviewed below), BACKGROUND FWS Flow Recommendations. The 15 Mile Reach is viewed by the FWS as critical in recovenng Colorado River populations of the Colorado squawfish and razorback sucker. Both species are endemic to the Colorado River and were once widespread and abundant. A small remnant population of razorback suckers persisted in the Grand Valley area until the mid-1980's, but only a few individuals have been observed in recent years. The Colorado squawfish continues to persist, but its distribution and abundance have declined to the point that the prospect for its long-term survival is considered uncertain. The FWS contends that changes in the flow regime have either caused or contributed to most of the suspected problems (e.g., degradation or simplification of habitat, infrequent "flushing of spawning substrates," reduced availability of "nursery" habitat, and increased predation by and competition with non-native fishes). The FWS identified the 15 Mile Reach as one of the highest priority sites for flow protection in 1988, and presented flow recommendations for the summer months (July - September) in May 1989 and for the remainder of the year in April 1991. The 1989. ........... .. recommendations for the summer months were aililedat identifying flows which would optimize 95C 1491