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<br />ENDANGERED FISHES RECOVERY PROGRAM - UPPER COLO. RIVER BASIN <br />December I, 1994Draft Outline <br />Page 3 <br /> <br />. $600,000 from FWS <br />. $1,5000,000 from Reclamation (CRSP power revenues) <br />. $104,000 from Colorado <br />. $73,000 from Utah, and <br />. $23,000 from Wyoming; <br />. PLUS $10 PER ACRE FOOT "DEPLETION FEE" for every acre foot of <br />new depletion to be paid by the water project proponent (increased to <br />cover inflation to almost $12 now). <br />. 2 funds to cover the cost of more expensive activities were to be established, one <br />to provide at least $10 million for the purchase of water rights for instream flow <br />protection, and the second to provide $5 million to build hatcheries and fish <br />passage structures, relocate diversion structures, and for other structures and <br />habitat modification actions. <br />. It was thought that this $15m would be approximately equivalent to the <br />state + water user contribution (assumed full development of compact <br />allocations in CO, UT, and WY within the 15 year period). <br /> <br />E. 5 BASIC RECOVERY PROGRAM ELEMENTS. <br />. (1 )Flow Protection and Management - includes appropriation of instream flows, <br />reoperation of major federal reservoirs, a cooperative study of coordinated <br />reservoir management opportunities, and potential purchases of private water <br />rights through open market. <br />. No condemnation of private property. <br />. Purchase of water rights is considered last resort by CWCs. <br />. Yampa River, Colorado mainstem, and White River identified as top <br />priorities, placing major burden upon the CWCB; since we don't have a <br />lot of data to quantify the biological needs of the fish, the biologists <br />believe we should "MIMIC THE NATURAL HYDROGRAPH." <br />. ewcs entered into an ENFORCEMENT AGREEMENT with the FWS <br />in 1992, but 2 major uncertainties (the biological needs of the fishes and <br />the distribution of future water development among the 6 principle <br />subbasins - including out-of-basin uses) lead ewCB to adopt interim <br />strategy for appropriating flows in 1994 as a means of sustaining forward <br />motion toward "recovery". <br />. FWS agreed to stop "examining the flexibility" of existing non-federal <br />reservoirs when they consult under ESA Sec7 in exchange for an <br />agreement that the states and water Users would initiate the coordinated <br />reservoir operation study; the goal is to evaluate flow management <br />opportunities outside the regulatory framework (where the FWS has much <br />greater bargaining strength) and to seek a more effective and equitable <br />distribution of the flow management "burden" among all water users and <br />facilities. <br />