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!'l ~i ~""J., f' ,r .J .,. J U COLORADO RIVER COMPACT WATER DEVELOPMENT PROJECTION November 2, 1995 FINAL REPORT Page 6 I. BACKGROUND A. Purpose and Need The state of Colorado has been participating in the "Recovery Implementation Progqu:n for Endangered Fish Species in the Upper Colorado River Basin" ("Recovery Program") since 1988. The golj! of the Recovery Program is to recover four endanger~d species of fish which live in the Colorado River, while allowing water development in the states of Colorado, Utllh and Wyoming to continue. The Recovery Program includes a commitment to manage and protect instremh flows needed to recover the endangered fishes in accordance with State laws and property rights and to date, has been successful as a cooperative means of meeting the regulatory reqUirements of the Endangered Species Act (ESA). Future success of the Recovery Program depends upon the state's continued commitment to appropriate and protect instream flows for the recovery of the endangered fish, as well as the implementatiOn of all other aspects of the Recovery Program. In March 1994, the Colorado Water Conservation Board ("CWCB") adopted an interim strategy' for the appropriation of water rights based on the recovery needs of the endangered fish, in an effort to integrate the instream flow needs of the fish into Colorado's existing system of water rights. This interim strategy is designed to overcome two major areas of uncertllinty so that the Recovery Program can continue making sufficient progress . toward recoveIiy of the endangered fishes, and the U.S. Fish and Wildlife Service (Service) , can continue to rely on the Recovery Program and its accomplishments to satisfy the ESA regulatory reqQirements related to water management and development activities. The two , major areas oC:uncertainty center around the specific flow requirements for the endangered . fishes and the 10cation and magnitude of the development of Colorado's unused Colorado River Compact apportionment. The C'WCB's purpose for informally convening the ad hoc Endangered Fish Flow and Colorado River Compact Water Development Workgroup ("Workgroup") was to assist in estimating and protecting the future uses of Colorado's unused compact apportionment in the Colorado River Basin and to assure that the people of Colorado are not deprived of the beneficial use of those waters available by law and interstate compact. The Workgroup assisted and provided the CWCB input on how much water can be appropriated for endangered fish recovery instream flow purposes within the various sub-basins of the Colorado River basin in Colorado without impairing Colorado's ability to fully develop its compact apportioned waters. However, the observations and recommendations contained in this report are not intended to interpret the provisions of the Colorado River Compact, the Upper Colorado River Basin Compact and other provisions of the "LllW of the Colorado River," the Colorado Constitution or other laws of the state of Colorado with respect to water ( ,.- ,; .t ;1 ;'. ') -~" . -<. -1 ']1-_ T{ . . '-\; '11 1 "Statement of Policy and Procedures Regarding the Appropriation of Instream Rlows for the Recovery of Endangered Fishes of the Upper Colorado River Basin", Colorado Water Conservation Board March 9, 1994.