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4. CWCB Instream Flow Appropriation Status & Schedule The basic calculation which was made before entering the Recovery Program was that approximately 10.797 million acre-feet of Colorado River water originates within the state of Colorado, while the amount apportioned for our consumptive use is approximately 3.079 million acre-feet This leaves over 7 million acre-feet of water which Colorado can protect for (non- consumptive) instream purposes to preserve the natural environment in Colorado before those waters must flow across our stateliness for use downstream in other states. Biological Flow Protection Recommendations. Biologists at the Fish and Wildlife Service and the Colorado Division of Wildlife indicate that two aspects of the Colorado River's flow regime need to be protected: a "peak flow" during the spring runoff months (April- July) to maintain a variety of essential biological functions (e.g., spawning, inundation of adjacent bottomlands), and a "base flow" adequate to keep the fish alive through the rest of the year (i.e., to keep the fish and the rest of the river from drying up and dying). Overview ofthe CWCB Staff Recommendation. The CWCB staff has recommended that the CWCB apply for two water rights, one to protect the base flow and the other to protect the peak flow. The base flow water right would protect habitat for the endangered fish against dry up by any junior water right or any change of existing water rights. But it would only include a small volume of water. The recovery flow water right would protect a much larger volume of water, as recommended by the biologists, but it would be limited under terms and conditions of the water court decree to: (a) allow development of new water supplies to continue (up to at least 100,000 acre-feet of additional consumptive use; (b) guide junior water rights development into months when there is sufficient water for both new human uses and for the endangered fish recovery; and ( c) preserve habitat during periods of extended drought Schedule for Flow Protection Decisions. The CWCB has been working for several years on the development of instream flow protection measures for the Colorado and Yampa Rivers in consultation with representatives of the Colorado River Water Conservation District, the Colorado Water Congress, and many other water interests. At its October 10 meeting in Craig, the CWCB considered a recommendation presented by its staff, comments from the public and from other Recovery Program participants, and decided to proceed with the proposed water rights. On October 20, the CWCB will hold a similar meeting in Grand Junction to consider a staff recommendation and public comments before deciding whether to proceed with the preparation of water rights applications for the 15 Mile Reach of the Colorado River. The CWCB has made commitments to the Recovery Program to file its water rights applications in water court by December 1995, and the CWCB presently is scheduled to conclude its administrative process on December 13, 1995 (before initiating the water court application process later that month). The CWCB meeting on November 6-7, 1995 will provide another opportunity for public review and comment and for refinement of the proposed water rights applications. ., ." ..