WSP06496

• File Number: 8065
• Description: Section D General Statewide Issues - Endangered Species Act - Fisheries
• State: CO
• Basin: Statewide
• Date: 10/5/1994
• Author: WSWC - Western Govs
• Title: Water Management Symposium 1994 - The Effect of the Endangered Species Act on Western Water Management - Improving ESA Implementation - 10-5-94 through 10-7-94 - Meeting Materials - Part II of II
• Water Supply Pro - Doc Type: Report/Study

001782

STATE OF COLORADO

721 SWe CenlCnl'lial BWld.U1g
1313 ShermanSu'Cc.t
Denver. CoIOndO 80203
Phone [phone]
FAX (,03) 866-4174

STATEMENT OF POLICY AND PROCEDURE
REGARDING THE
APPROPRIATION OF INSTREAM FLOWS
FOR THE
RECOVERY OF ENDANGERED FISHES
OF THE UPPER COLORADO RIVER BASIN

o

Colorado Water Conservation Board
Deparunent of NalUral Resources

Roy Rllmcr
Governor

KenSalUAC
El.ccwvc DiRlClor, DNR

Adopted March 9, 1994

Daria C. Lile. P.E.
Dizoaor. CWCB

INTRODOCTION
Four fish species which inhabit the Upper Colorado River
Basin have been listed pursuant to provisions of the federal
Endangered Species ACl: as "endangered," These species are the
Colorado sguawfish, the bony tail chub, the humpback chub, and the
razorback sucker. A number of factors are believed to account
for the decline of their populations, including the loss of
habitat, alteration of the flow regime, and the introduction of
non-native species.

The U.S. Fish and Wildlife Service (the "FWS") has issued
numerous biological opinions since 1978 in which it determined
that additional depletion of Colorado River flows is likely to ~
jeopardize the continued existence of these species. In order to
assist in the recovery of these species, and in an effort to
assure that Colorado can continue to develop its compact
apportioned waters, Colorado entered into a Cooperative Agreement
with the Department of Interior, Western Area Power
Administration, and the States of Wyoming and Utah in January
1988 to establish the Recovery Implementation Program for the
Endangered Fish Species in the Upper Colorado River Basin (the
"Recovery Program"). Representatives of the water development
and environmental protection communities also participate as full
partners in the Recovery Program, The purpose of the Recovery
Program is to recover the endangered fishes within the Upper
Colorado River Basin (excluding the San Juan River) while
allowing water development in Colorado, Wyoming, and Utah to
proceed in accordance with the interstate compacts. The
likelihood of future approvals for water projects using Colorado
River water supplies appears to be very small unless the
viability of the Recovery Program is maintained.

The colorado Water Conservation Board (the "CWCB")
recognizes that protection of instream flows for the endangered
fishes has been a primary concern of the Recovery Program, and
protection of instream flows is one of the five key elements of
the Recovery Program. The CWCB supports, as a key aspect of the
Recovery Program, the program's recognition that any water rights
needed for recovery of the endangered fishes should be acquired
or appropriated under state law rather than under federal law.
In accordance with section 4.1.3 of the Recovery Program (and
consistent with Colorado law), the CWCS is responsible for the