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<br />e <br /> <br />e <br /> <br />e <br /> <br />The Colorado Water Conservation Board (Board) is involved in, or has responsibility for <br />numerous water-related activities identified in the RlPRAP. The primary goal of these activities <br />is the acquisition and appropriation of water rights for the endangered fishes. The tasks identified <br />in the RlPRAP must be completed on schedule in order to maximize the ability of the Service <br />to continue its reliance upon sufficient progress under the Recovery Program for meeting <br />regulatory requirements in determining whether or not to allow further water developments. <br /> <br />In accordance with state law, C.R.S. 37-92-102(3) which created the lnstrearn FlowlNatural Lake <br />Level Program, the Board is responsible for the review, approval and subsequent appropriation, <br />acquisition and protection of instream flow water rights in Colorado. Currently, the Board has <br />approved the Service's flow reeommendation study on the IS-Mile Reach for the period July- <br />September. Board staff is now evaluating two other flow studies, the IS-Mile Reach for thc <br />period Octobcr-June, and the Yampa River, for technical adequacy for appropriating, acquiring <br />and/or legally protecting the instream flow needs of the fishes. <br /> <br />In cooperating with the Recovery Program objectives, the Board has adopted specific polices and <br />procedures regarding the appropriation of instrearn flows. The "Statement of Policy and <br />Procedure Regarding the Appropriation ofInstrearn Flows for the Reeovery of Endangered Fishes <br />in the Upper Colorado River Basin" (Policy) was adopted at the March 8-9, 1994 Board Meeting. <br />It outlines the procedure under which the Board would appropriate and protect instream flows <br />for endangered fish in the Uppcr Colorado River Basin. The key points of the are as follows: <br /> <br />a) Flow recommendations prepared by the Service will provide the starting point for <br />determining the size and structure of the Board's fish recovery instrean1 flow water rights. <br />b) The flow recommendations will be reviewed by the Colorado Division of Wildlife <br />(Division) and Board staff. <br />c) The flow recommendations, based on biological and scientific basis, will be presented to <br />the Board by the staff for acceptance. <br />d) The Board staff will conduct hydrological studies on the physical and legal availability <br />of water and present its recommendations for endangered fish recovery flows in <br />Preliminary and Final Notices pursuant to the Board's Instream Flow Rules. <br /> <br />Determination of Fish Recovery Flows and Paral!ranh 3 and 4 Water <br /> <br />The Policy states that the Board will indicate, by formal resolution, which portion of each fish <br />recovery instream flow is controlled by paragraphs 3 and 4 of thc Board's September, 1993 <br />Enforcement Agreement with the Service. Paragraph 3 of the Enforcement Agreement controls <br />that portion of an instream flow water right, if any, which does not impinge upon the Board's <br />estimated "development projection" for the subbasin(s) which would be affected. Paragraph 4 <br />of the Enforcement Agreement controls that portion of an jnstream flow water right which may <br />be subject to modification, based on resolvement of scientific uncertainty and uncertainties <br />concerning Colorado's use of its compact entitlement. Prior to any changes, the Serviee will be <br />consulted. The staff will consider the following factors in recommending to the Board which <br />portion shall be controlled by paragraphs 3 and 4: <br /> <br />3 <br /> <br />cow 0374 ) <br />