Dan Luecke

Tom PittsAngela KantolaChristine KarasClayton Palmer

Upper Colorado RiverEndangered Fish Recov
Program estab

address confliEndangered Spwater develop
9In the mid to late 1970s, U.S. Fish a

Service decided that any depletion o

would result in jeopardy to endange

zIncluded water depletions anywhere 

Colorado River Basin, even upstream ohabitat
9In 1983, U.S. Fish and Wildlife Service proposed

z Minimum stream flows for all habitat occupied by in the Upper Colorado River Basin.z These minimum stream flows were pre-1960 flow

occurred.z Any water project causing water depletions below 

flows would have to replace depletions on a one-foz This requirement could have:

Î stopped water development in the basin.Î put limits on use of existing water supplies.

Î conflicted with existing federal and state lawwater.

z Head-on collision would have occurred among stafederal agencies, power users, and environmental g
9Choices 

z Filing lawsuitsz Enforcing the ESA and creating the cz Amending the Endangered Species Az Seeking exemptions from the ESAz Identifying the facts and negotiating 

The latter course was chosen b

parties because no other choice wor would solve the problem to the satisfaction of all parties.
Conflicts to be resolved:

9 Water for people vs. water for endanspecies9 Sport fishing vs. protection of endanspecies9 Federal vs. local/state control of wat9 Numerous conflicting federal and staauthorities, and regulations
9Complexity:

z Upper Colorado River Basin covers 1square miles or 69 million acresz Hundreds of miles of rivers and streaz Four endangered fish speciesz Potential impacts on hundreds of muirrigators, and industriesz No agreement on conclusions based and data

9 Unanimous consensus was required 

conflicts. All of the parties had to agree was no acceptable resolution of the con
Values/interests that could not be co

1. Interstate compacts that allocate 

states must be respected.

2. State water rights that allocate wa

specific users within each state mrespected.

3. Costs must be equitably distribute4. ESA compliance must be achieved5. Federal water and hydropower pro

continue to operate, per authorize

6. States must retain control of non-

fish/sport species.
9In March 1984, discussions were 

with federal agencies, states, environmentalists, and water users the problem.9In late 1984, water users told thenegotiator (Pitts) to define a soluti9The negotiator re-defined the pro

zConflicts are a symptom of the pro

zPROBLEM: The fish are endangere

zSOLUTION: Make the fish not end
9In mid-1985, Colorado water user

a Recovery Program be initiated to and de-list the endangered fish speUpper Basin, i.e., restore habitat anpopulations so that the fish no longESA protection.9Rationale: Without affirmative acterms acceptable to all parties, confcontinue and worsen. Water develomanagement activities would be thRecovery provides the ultimate ecoregulatory certainty for water users
9 Numerous sub-issues were resolve

context of a Recovery Program.

z Who pays and how much?z How to provide water for fish under z What will be the Program governanrules?z How to achieve ESA compliance for water/power projects?z What approach to use for non-nativcontrol?z And many more
9The overall framework of the Reco

Program was completed in late 1989In January, 1988, the Secretary of Interior, Governors of Colorado, WyUtah, and Administrator of the WesPower Administration, signed a CooAgreement establishing the RecoveProgram.
Goal: Recover the endangered fis

development proceeds in compliancEndangered Species Act and state w
U.S. Fish & Wildlife Service National Park Se

U.S. Bureau of Reclamation Western Area PoState of Colorado Water UsersState of Utah Environmental gState of Wyoming Colorado River E

Association

Partnership
Program structure

Program

Director

Biology

Committee

Water Acquisition

Committee

Management

Committee

Implementation

Committee
Recovery elements Recovery elements

Providinginstream flows 

Stocking endangered fish Research 

Managing nonnative fish
How will we kno

when the fish arrecovered?
Recovery goals

 Developed in collaboration with 

water and power users, environmgroups, tribes and Federal agenc

 Define basis for recovery in uppe

basins

 Specify numbers of fish for self-s

populations

 Identify management actions req

downlist and delist the species

 Estimate time to recovery Progress toward goals to be meas

population estimates
Program Funding

 $110M spent over 14 years (FY 19

 $44M in capital funds; remainder fro

revenues, USFWS, States, water usecongressional appropriation. 

 P.L. 106-392 (October 2000) 

 $82M capital funds for Colorado Rive

2005 (seeking extension through 200

 $18M capital funds for San Juan thro Capital costs shared between congre

appropriations, power revenues, and 

 Annual base funding from hydropow



What about wa

development?
“Section 7” Agreement

 Section 7 agreement (1993) outlin

ESA will be applied

 Recovery Action Plan developed “Sufficient progress” determined  Programmatic biological opinions
ESA Compliance and Wat

Projects

Consultations Depletions (acre-fee

696 1,718,745 (1,493,290 

•427projects <100af•126 projects under Colorado PBO
Why the Program Works

 Recovery proceeds on all fro Program successfully meets 

of water users and endanger

 Partners remain committed 

Program

 We recognize that cooperati

better than confrontation
Why it works, continued

 Listen to all sides Recognize we can’t have all we w
Why it works, continued

 Good science builds trust Respect others’ values while not n

sharing them

 Avoid litigation Fund “on-the-ground” recovery ef Congressional support Costs are shared Focus on collaboration
 Consensus-based collaboratio

than unproductive confrontat

 Program provides vital public 

committed partners, funds

 Program focuses on recovery
Program operates in an adap

management style

 “Sufficient progress” measu

accomplishment of recovery aand by population status

 Program staff employed by 

work to serve and represent aProgram partners
 Consensus-based collaborati

time

 Requires:

 A high level of commitme Tenacity, integrity, leade

respect 

 Willingness to let go of "u

mentalities

 No one has complete “certa
FWS concerns:

 Extensive debate require

finalize flow recommendat

 Legal protection of flows 

habitat in perpetuity

 Still, collaboration is the be

approach

 Program appears to be wor

both fish and Program partici
LESSONS FROM THE UPPER BASIN RECOVE

9Consensus can work in the development an

implementation of complex solutions to mult

problems.9Consensus process takes a lot of:

zTime,zCreativity, zTolerance, patience, and listening to ot

9There would be no acceptable solution in thColorado Basin without consensus of the key 9As with any negotiated solution, you must s

your interests are to be represented and prot9This successful approach to resolving ESAwas subsequently applied in the San Juan Risimilar program is being developed in the Rio in New Mexico.
WHAT REALLY MAKES A CONSENSUS B

PROCESS WORK? 

9Each participant has a very strong veste

resolving conflicts, developing solutions, joint action, and in the success of the pro

9Every member gets more out of the proccould be achieved from acting without the members of the group.9Participation is voluntary.9All parties important to the decision agreparticipate.9Commitment by the parties to support thof the group.9Values of each participant have to be res

others, even if those values not shared.9No one is asked to compromise their ba
WHAT REALLY MAKES A CONSENSU

PROCESS WORK? 

9Participants identify their interests and c9Communication is open.9Everyone participates in the discussion; dominates the discussion.9The process requires patience, tolerancededication.9Time necessary to reach consensus is av
Internet Information Link

Upper Colorado River Endangered Fish RProgram

http://www.r6.fws.gov/coloradoriv

(general)

http://www.r6.fws.gov/crrip (more http://www.waterconsult.com/new

(article re: Upper Basin Program)

San Juan River Basin Recovery ImplemeProgram

http://southwest.fws.gov/sjrip