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<br /> <br />( <br /> <br />I, <br /> <br />1. Introduction <br />A. A proposal that water rights be acquired under <br />state law to protect the instream habitat of <br />endangered fish in the Upper Colorado River <br />Basin has recently received much attention. <br />Recovery Implementation Program for Endangered <br />Fish Species in the Upper Colorado River Basin, <br />Final Draft, January 9, 1987. <br />B. Such instream flow protection is sometimes not <br />a problem of retiring existing water uses and <br />improving instream flow zegimes, but one in <br />which a choice must be made between the <br />existing instream flow regime and proposals for <br />the development of new water projects that <br />would deplete or dramatically alter existing <br />f.lows. <br />C. The same problem may be encountered with <br />proposals to designate wild & scenic rivers. <br />Since the passage of the wild & Scenic River <br />Act in 1968, 35 river segments in Colorado have <br />been inventoried, 10 have been extensively <br />studied, but only one has been designated, the <br />Cache La Poudre, last year. <br />D. In Colorado the plans for proposed water <br />projects are embodied in a form of real <br />property: conditional water rights. This <br />1 <br /> <br />~ <br /> <br />