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<br />. <br /> <br />. <br /> <br />The second portion of the development allowance is provided by the Modifiable Portion <br />(Paragraph 4) of the instream flow appropriation for development in excess of the Carve Out. <br /> <br />- The Modifiable Portion, consisting of approximately 72,000 af is distributed on the following <br />basis: <br /> <br />Month <br />cfs <br /> <br />Apr May Jun Jul <br />302 644 242 0 <br /> <br />- When the Carve Out is used up on either a monthly or annual basis, the Board may convert the <br />Modifiable Portion (or part of it) from instream flow protection to consumptive uses. <br /> <br />Instream Flow Components <br /> <br />- The instream flow right consists of all flow in excess of the Carve Out, and includes three <br />components: <br /> <br />1) A Base Flow component during the non runoff months at the 80% exceedance level, <br />2) A Modifiable Portion (Paragraph 4) which may be converted by the Board from instream <br />flow protection to consumptive uses. The Modifiable Portion is the second level of <br />development allowance, which will be available for future consumptive uses; and <br />3) A "Non-modifiable" Portion (Paragraph 3) which consists of water that must flow out of <br />Colorado because of compact obligations. <br /> <br /> Oct Nov Dee Jan Feb Mar Apr May Jun Jul Aug Sep <br />Base FI 88 172 157 187 221 305 125 45 <br />Para. 4 ..1QZ 644 ill lL <br /> All A vailable Flows <br />ISFRt. <br /> <br />- The Modifiable and Non-modifiable concept is more fully described in Paragraphs 3 and 4 of the <br />Enforcement Agreement. <br /> <br />Administration <br /> <br />- The Base Flow component will not be subordinated to junior water rights. A call will be placed <br />whenever the flow of the Maybell gage is less than the Base Flow component. <br /> <br />. The Division Engineer/CWCB will track development of senior conditional rights and <br />consumptive uses under water rights junior to the instream flow. <br /> <br />Option III- 2 <br />