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b o ",.:'"' 1'" -. <X' o Colorado Water Conservation Board Department of Natural Resources 131 J Sherman Street Denver, Colorado 80203 Phone: 13031 866-3441 FAX: 13031 866-4474 STATE OF COLORl\DO . MEMORANDUM Bill Owens Governor TO: Colorado Water Conservation Board Members Greg E. Walcher Executive Director. DNR Peter H. Eyans Director, 0NCB FROM: Randy Seaholm Chief, Interstate Streams Investigation Section DATE: May 18, 1999 SUBJECT: Agenda Item 9d, May 24-25, 1999 Board Meeting- Colorado River Basin Issues San Juan Recovery Program - Status Report IMPLEMENTATION OF FLOW RECOMMENDATIONS At the April 8, 1999 Coordination Committee Meeting, the Coordination Committee"adopted the flow recommendations contained in the, "Flow Recommendations for the San Juan River" dated February 1999. The flow recommendations as structured in the report allow for approximately 122,000 AF of new or future development, in addition to the 57; 1 00 AF for the modified version of the Animas-La Plata Project (ALP Lite), While having 122,000 AF available for future development is good news; the bad news is that NlIP will shortly ask for consultation on all of it to complete the remainder of that project. The recommended peak flow of 10,000 cfs would exceed normal bankfull conditions, estimated to be around 8,000 cfs, without any clear documentation indicating whether this good or bad for endangered fish habitat. Furthermore, there was no documentation whether or not peak flows of this magnitude would cause any property damage, STACKING COORDINATION COMMITTEE WITH FEDERAL AGENCIES The V,S, Fish and Wildlife Service in the Section 7 consultation process has required other federal agencies to participate in the San Juan Recovery Program, The Service has added the Bureau of Land Management as a participant with voting rights on the Coordination Committee and is currently seeking to add the National Park Service as a voting member on the Coordination Committee. These actions reduce, ifnot eliminate, the ability of the states to have an effective voice in the Recovery Program. The Board directed staff at its November 1998 meeting to seek amendments to the "Recovery Program Document" that will restore an equitable voice for the states and water users in the recovery program. The recommendation included direction that any federal agency required to participate in the San Juan Recovery Program pursuant to a Section 7 Consultation has no vote on the Coordination and Biology Committees or be