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<br />001786 <br /> <br />Statement of Policy and procedure <br />Colorado Water Conservation Board <br />Adopted March 9, 1994 <br />Page 5 <br /> <br />and interstate compact. <br /> <br />IMPLEMENTATION PROCEDURE <br />In determining the size and structure of fish recovery <br />in stream flow rights, the CWCB will consider (a) the Recovery <br />Program flow recommendations, (b) the physical availability of <br />water in the affected stream(s), and (c) Colorado's compact <br />apportionment of Colorado River waters. The CWCB will <br />appropriate fish recovery instream flow water rights on the basis <br />of these guidelines and in accordance with Colorado law and the <br />ISF Rules in the appropriate Colorado water courts, The CWCB <br />recognizes that, while there is uncertainty concerning the <br />available information, there is a considerable body of <br />information. This information may provide an adequate basis for <br />the appropriation of instream flows in the context of this policy <br />and procedure, The adequacy of the available information must be <br />determined by the CWCB in addressing each specific instream flow <br />appropriation. The eweB will continue to provide public notice <br />and opportunities for public comment throughout the process. <br /> <br />The eWCB will use the Recovery Program flow recommendations <br />as a starting point in determining the size and structure of its <br />fish recovery instream flow water rights. The eWCB will request <br />a biological assessment of the Recovery Program flow <br />recommendations from the colorado Division of Wildlife, and <br />provide an opportunity for public review of the biological and <br />scientific basis for those flow recommendations, The eWCB <br />recognizes that the Recovery Program will already have provided <br />substantial "peer review" of the data and analysis supporting its <br />flow recommendations. Nonetheless, the ewCB must consider all <br />available information relevant to the flow recommendations before <br />making the determinations required by state law, the ISF Rules, <br />and the Enforcement Agreement. Based upon these considerations, <br />the cweB will establish its biologically based flow <br />recommendation, <br /> <br />- <br /> <br />Furthermore, in establishing the size and structure of its <br />fish recovery instream flow water rights, the eweB will also <br />complete a hydrological assessment. The CWCB may appropriate <br />less than its biologically based flow recommendations to the <br />extent that those recommendations exceed the amount of water <br />physically available in the stream segment and to the extent <br />necessary to avoid near-term conflicts with reasonably <br />foreseeable development. Based upon these considerations, the <br />CWCB will determine the quantity of water to be appropriated. <br /> <br />By formal resolution, the CWCB will indicate the portion of <br />each fish recovery instream flow water right which will be <br />