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r t Recovery Implementation Program Four fish species that inhabit the Colorado River Basin are federally listed as endangered: the Colorado squawfish, the bony tail chub, the humpback chub and the razorback sucker. In order to comply with the Endangered Species Act, in the recovery of these species and assure the Upper Colorado River Basin states can continue to develop their compact apportioned waters, a Cooperative Agreement was signed in January, 1988 by the States of Colorado, Wyoming and Utah, the Secretary of Interior, and the Western Area Power Administration (WAPA). The signing of this agreement established the Recovery Implementation Program for the Endangered Fishes of the Upper Colorado River Basin (Recovery Program). Water development and environmental groups also participate in this Recovery Program. A principal element of the Recovery Program is "habitat management through provision of instream flows". For this task, the Recovery Program directs the U.S. Fish and Wildlife Service (Service) to conduct flow quantification studies and provide instream flow recommendations to submit to the state water resources agencies for review, approval and implementation. Under this process, flow recommendations have been developed by the Service in a number of studies on the 15 Mile Reach of the Colorado River and the Yampa River in Colorado. Appropriation Process In accordance with state instream flow statutes, the Colorado Water Conservation Board (Board) is responsible for the review and acceptance of the Service's flow recommendations and subsequent appropriations of instream flow water rights in Colorado. In January 1990, the Board accepted flow recommendations on the 15 Mile Reach of the Colorado River for the period July-September and has filed for two instream flow water rights, one in the amount of 58l cfs, and a second for 300 cfs. More recent studies are under review by the Board and the staff. The 1991 flow recommendations by the Service were presented to the Board but no was action was taken. The flow recommendations in the 1995 report supersede the recommendations developed in 1989 and 1991. The sequence for accepting flow recommendations by the Board begins with the review of the Service's flow recommendations by the Board staff to detennine their validity in meeting the statutory requirements for acceptable flow recommendations is as follows: . There must be an environment to be preserved to a reasonable degree. . The water must be physically available for appropriations. . The appropriation cannot cause material injury to existing water rights holders.