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<br />COLORADO RIVER COMPACT WATER DEVELOPMENT PROJECTION <br />November 2, 1995 FINAL REPORT EXECUTIVE SUMMARY <br />Page 3 <br /> <br />manner. Given the relative size of Colorado's compact apportionment (3.079 to 3.855 MAF) <br />in comparison to the overall flows of the Colorado River originating in Colorado (10.797 <br />MAP), it seems that there should still be adequate flows which the CWCB can protect under <br />instream flow water rights to assist in the recovery of the endangered fish. The total instream <br />flow appropriations suggested in Table 4 are no greater on average than will flow out of state <br />under the compacts. The more significant challenge will be in arriving at monthly or daily <br />distributions for these annual amounts which protect both water development opportunities <br />and the needs of the endangered fish given the variable hydrology which occurs both annually <br />and seasonally. Also, the structure and format of the water right application will be <br />important, particularly in light of the recent decision in the Aspen Wilderness Workshop, Inc. <br />v. The Colorado Water Conservation Board (Snowmass Creek Case). <br />H. Our recommended approach does not foreclose any reasonable development <br />opportunities within Colorado's compact apportionment. As suggested in the CWCB's <br />Statement of Policy and Procedure, it presumes that within the time it will take to fully <br />develop the recommended range of new consumptive uses, new information about the <br />endangered fish will become available such that the CWCB and others will find it necessary <br />to reevaluate the situation and the state's needs. The open process employed in assembling <br />these recommendations, facilitated through the support of the CWCB's staff and others, is <br />helpful in promoting the use of the best information available and enabling a diverse group of <br />interested parties to participate in policy formulation. However, there are limits to what can <br />be expected from a group representing statewide interests, and the organization of similar <br />groups within the principal subbasins should also be pursued in order to fine tune the <br />information. <br />