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<br />I <br /> <br />] <br />r <br /> <br />Since inception of the Recovery Implementation Program for Endangered Fish <br />Species in the Upper Colorado River Basin in 1988: (1) no water development projects <br />have been denied permits or funding due to Endangered Species Act requirements; (2) <br />the federal government has agreed to rely exclusively on state laws and state agencies for <br />the protection of instream flows needed to recover the endangered fishes; and (3) a <br />consensus approach to decision-making ensures that Colorado's interests are fully <br />considered. <br /> <br />. One of the recovery program's primary objectives is to create an alternative to the <br />traditional regulatory process, which emphasizes mitigation of the environmental impacts <br />of individual projects and does not always, address the most critical needs of the species <br />or utilize state government agency expertise and resources. The traditional regulatory <br />model frequently results,in costly litigation, while the Upper Colorado recovery program <br />emphasizes open, cooperative analysis and planning to avoid habitat damage and to <br />develop longer-term strategies for habitat restoration and protection. <br /> <br />"The federal regulations do not provide an effective opportunity to protect habitat <br />or to restore habitat destroyed or impaired in the past. We are proving that there are <br />other ways to address mega-environmental concerns," said CWCB Deputy Director Peter <br />Evans, who represents Colorado on the recovery program Management Committee. "The <br />Upper Colorado River program is an important new model. Because this program <br />provides us with the opportunity to protect Colorado's interest in what otherwise would <br />be a federal decision process, we have accepted a large measure of responsibility for <br />successful recovery of the endangered fish." <br /> <br />As the headwaters state for the Colorado River and its major tributaries, <br />Colorado's adoption of criteria for determining seasonal streamflows that address the <br />needs of both endangered fishes and water development is an important step for the <br />overall recovery effort. <br /> <br />"The Department of Natural Resources, the CWCB and its staff approached this <br />initiative with great caution due to the complexities inherent in protecting future <br />development needs and determining the ecological needs of the endangered fish, while <br />also ensuring that Colorado's compact entitlement remains secure," Evans said. <br /> <br />"Nonetheless, CWCB members and staff worked long and hard to understand the <br />specific biological and regulatory circumstances, and should be commended for both the <br />ingenuity and commitment which the adoption of this flow protection procedure reflects." <br /> <br />The new procedure has been greeted favorably by a wide range of water interests. <br />. Consulting engineer Tom Pitts of Hall, Pitts & Associates, who represents water users on <br />the recovery program team, said, "This procedure reaffirms that water for endangered <br />fishes in the Upper Basin will be provided in accordance with state water law and the <br />interstate compacts, and that Colorado water users can develop water in accordance with <br />the state's apportionment under the interstate compacts." <br /> <br />-(5''11.> <br />94C 0245 <br />