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<br />to optimize the use of Colorado's water resource is a legacy <br />worth defending. The integration of minimum streamflow rights <br />into the State's administration of water rights is also notable. <br />The Colorado Water Conservation Board's December 1995 <br />appropriations on the Colorado and Yampa Rivers as part of the <br />endangered fishes recovery program utilizes the State's system of <br />property rights to integrate environmental uses that have heavy <br />federal regulatory overtones of compact and existing use <br />reallocation, which would have to be resisted by Colorado, if <br />ever it were asserted by the Federal Government. For now, the <br />recovery plan provides a device to avoid such a divisive conflict <br />while working towards species recovery and full use of Colorado's <br />Compact depletions. <br /> <br />In making the Colorado and Yampa River instream flow <br />appropriations, the Water Conservation Board has articulated a <br />primary aim of protecting existing water uses for continued <br />exercise within Colorado and providing for continued development <br />of the State's Colorado River allocation. This work is the <br />subject of S.B. 96-64 sponsored by Senator Tom Norton and <br />Representative Bill Jerke. Just as Delph Carpenter pointed out <br />the configuration of the Colorado River system above and below <br />Lee Ferry as providing a natural means by which an equitable <br />division' of water could be made between the two basins, the fact <br />that any water flowing out of Colorado on the Colorado River <br />mainstem or any of the Colorado River tributaries must be <br />credited as Compact deliveries, allows Colorado the ability to <br />preserve instream flows on some river segments while providing <br />the means by which full Compact depletions allocated to Colorado <br />will be allowed to occur. <br /> <br />One must conclude, based on your discussion, that Delph <br />Carpenter's work on behalf of Colorado continues to require <br />resistance against any attempt to reallocate the waters of the <br />Colorado River, or of prior appropriation rights within the <br />State, other than as provided by the Compact and the laws of <br />Colorado with regard to Colorado'S guaranteed share of Colorado <br />River depletions. <br /> <br />Thanks for the opportunity to reflect on your work and those <br />whose work and voices you have so well articulated. <br /> <br />Best regards. <br /> <br />Sinc:re=y, ~ ( i \ <br />--~::'..""'\;'\"" <br />Gregory J. Hobbs, Jr. <br /> <br />... <br />