WSP07901

• File Number: 8240.200.30.B
• Description: UCRBRIP Instream Flows
• Basin: Colorado Mainstem
• Date: 1/1/1996
• Author: CWCB
• Title: Instream Flow Water Rights for Endangered Fishes in Colorado
• Water Supply Pro - Doc Type: Publication

Recovery Program Benefits

The Recovery Program for Endangered Fish
'pecies of the Upper Colorado River Basin is a
cooperative partnership organized in 1988 under an
agreement among the federal Department of the
Interior, the Western Area Power Administration, and
the states of Colorado, Utah, and Wyoming. Under
this agreement, the 3 states, 3 federal agencies, and
representatives of the water development and
environmental interests share responsibility for lbe
planning, funding and implementation of recovery
plans. The goal of the Recovery Program is to recover
the 4 endangeredfish species (i.e., Colorado
squaw fish, razorback sucker, humpback chub, and
bony tail chub) while allowing water development to
proceed in accordance with state and federal laws.
Recovery Program benefits include:
. Colorado interests (water, wildlife, agriculture,
etc.) have more direct influence as a Program
participant in the evaluation and planning of
recovery plans.

. ESA regulatory conflict has been avoided while
water supply management and development has
continued due to progress toward recovery of lbe
endangered fishes. More than 200,000 acre feet of
consumptive uses associated with over 170 projects
in Colorado, Wyoming and Utah (over 120 in
Colorado) have survived ESA review without a
sin~le proiect he;"\! downsi7.ed or denied permits.

. The federal agencies agreed to rely on state laws
for the management of flows, avoiding potential
litigation over "federal regulatory water rights"
and other options which may not integrate as well
with Colorado's framework of existing water rights
and the prior appropriation system.

. Full "recovery" and delisting of endangered species
through cooperative efforts is preferable to
regulatory requirements that merely preserve the
status quo. Since these four species OCCUR)' lbe top
of the food chain, recovery efforts also protect the
basic health of the river.

The Colorado Water Conservation

Board (CWCB)

The eweR is composed of 14 members: nine are appointed to
represent a major river basin or Denver. and five selVe as ex officio
members (the Executive Director of the Department of Natural
Resources. the CWCB Director, the State Engineer. the Division of
Wildlife Director, and the Anomey General).
The mission of the eWeR is to promote the protection.
conservalion. and development of Colorado's water resources in
order to secure the greatest utilization of those resources for the
benefit of present and future generations. and to minimize the risk of
flood damage and related economic losses. The eight goals identified
in the CWCB Long Range Plan are listed below.

Goall Protectin@' Colorado'!; Interstate C'.nmnact Annortionments:
To protect Colorado's interstate compact ar;'Ol1iolUl1ents against any
proposed actions which may Ihreaten Col,,'ado's ability to utilize
those waters, while pursuing alternatives which resolve or avoid the
various water resource problems which may constrain or weaken
Colorado's future opportunities.

GoalZ Develnoment of C'-Dloradn's Water Resources: To promote
necessary and appropriate development of Colorado's water
resources.

Goal3 Environmental Conflict Resolution: To avoid future
environmental conflicts associated with the development and use of
Colorado's water resources by preserving the water-dependent natural
environment to a reasonable degree in a non~regulatory_ setting in
which water rights and opportUnities for future human uses are also
protected.

Goal4 OuaJitv Manasremenl: To enhance lhe leadership,
efficiency, and morale within the eweB staff by 25 percent as
measured in annual surveys monitoring produclivity and employee
satisfaction.

Goal S Water Policy Fonnulation: To strengthen the CWCB's
effectiveness as a leader in the identification and analysis of water
conlroversies affecting Colorado, in the evalUalion of alternative
solutions in cooperation with the affected communities of interest. in
the development of consensus suppon for a preferred resolution to
those controversies, and in formalizing official slate policy in
coordination with the Governor and General Assembly.

Goal' Water Infonnation ManaP.emenl Svstems: To develop and
implement a stalewide waler infonnalion management system by
2003.

Goal 7 Floodolain ManM!ell1enl: To minimize Colorado's flood loss
vulnembility and related economic impacts.

GoalS Public Infonnalion: To assure Ihal Colorado citizens,
including key communities and interests. have ready ac~:; to the
high qualily infonnation which will be needed for the proteclion,
conservation, and development of Colomdo's water resources.

Instream Flow
Water Rights
for
Endangered
Fishes in
Colorado

January 1996
COLORADO WATER
CONSERVATION BOARD
Department of Natural Resources