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, . the measurement of "the preservation of the natural environment to a reasonable degree." It is clear that an overriding constraint to establishing large instream flows for the endangered fish is Colorado law and the Colorado River and Upper Colorado River Basin Compacts: Nothing in this article shall be construed as authorizing any state agency ... to deprive the people of the state of Colorado of the beneficial use of those waters available by law and interstate compact. CRS ~ 37-92-102(3) Currently, information and tools available to the Board leave it difficult to determine the effect of any set of instream flow appropriations upon the state's future water development opportunities under Colorado law and interstate compacts. While work on such tools is proceeding with the development of the Colorado River Decision Support System, such work will take several years to complete. However, during the interim, instream flow protection must be provided for the Recovery Program to succeed. The very concept of fish "recovery" also suggests a possibility for subsequent downward modification of an instream flow water right. More water may be needed for recovery; however, once viable fish populations are re-established, more water may become available for development and still afford protection of the natural environment to a reasonable degree. If this should turn out to be the case, modification of the water right should be made based on future factual determinations. Because of the scientific uncertainty as to exact flow requirements of the fish, the potential impact upon the compact development opportunities and the need to proceed on recovery implementation, the concept of "modifiable instream flows" has been suggested. The basic idea involves a set of water rights that the Board can proceed to appropriate in the near term, with the explicit understanding that the water rights can be removed, 3