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c.':l (..j (-:;1 "... co ~ The Colorado Water Conservation Board (Board) is involved in, or has responsibility for numerous water-related activities identified in the RIPRAP. The primary goal of these activities is the acquisition and appropriation of water rights for the endangered fishes. The tasks identified in the RIPRAP must be completed on schedule in order to maximize the ability of the Service to continue its reliance upon sufficient progress under the Recovery Program for meeting regulatory requirements in determining whether or not to allow further water developments. In accordance with state law, C.R.S. 37-92-102(3) which created the Instream Flow/Natural Lake Level Program, the Board is responsible for the review, approval and subsequent appropriation, acquisition and protection of instream flow water rights in Colorado, Currently, the Board has approved the Service's flow recommendation study on the IS-Mile Reach for the period July-September. Board staff is now evaluating two other flow studies, the IS-Mile Reach for the period October-June, and the Yampa River, for technical adequacy for appropriating, acquiring and/or legally protecting the in stream flow needs of the fishes. 1J{ ~ ~ . . "j ~.J In cooperating with the Recovery Program objectives, the Board has adopted specific polices and procedures regarding the appropriation of in stream flows. The" Statement of Policy and Procedure Regarding the Appropriation of Instream Flows for the Recovery of Endangered Fishes in the Upper Colorado River Basin" (Policy) was adopted at the March 8-9, 1994 Board Meeting. It outlines the procedure under which the Board would appropriate and protect nJ). . instream flows for endangered fish in the Upper Colorado River Basin. The key points of the r::::.<=j are as follows: a) Flow recommendations prepared by the Service will provide the starting point for determining the size and structure of the Board's fish recovery instream flow water rights. b) The flow recommendations will be reviewed by the Colorado Division of Wildlife (Division) and Board staff. c) The flow recommendations, based on biological and scientific basis, will be presented to the Board by the staff for acceptance. d) The Board staff will conduct hydrological studies on the physical and legal availability of water and present its recommendations for endangered fish recovery flows in Preliminary and Final Notices pursuant to the Board's Instream Flow Rules. Protection of Colorado's Compact Entitlement Currently available scientific information and methodology cannot prescribe with certainty and precision the flows required in different segments, at different times for the recovery of the severa! endangered fish species and their essential habitats. Whatever flows are to be legally protected may tend to have an effect of limiting or foreclosing water development options necessary for Colorado's full use of its interstate compact entitlement. Nevertheless, it is urgent in the implementation of the Recovery Program that some flow protection mechanisms be instituted, to avoid risking the viability of the program. 3