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. . The junior water rights within the Carve Out will not be called out by the instream flow right. 1 unior water rights developed in excess of the Carve Out may be called out. The second portion of the development allowance is provided by the Modifiable Portion (Paragraph 4) of the instream flow appropriation for development in excess of the Carve Out. The Modifiable Portion, consisting of approximately 72,000 af is distributed on the following basis: Month cfs Apr May Jun Jul 302 644 242 0 When the Carve Out is used up on either a monthly or annual basis, the Board may convert the Modifiable Portion (or part of it) from instream flow protection to consumptive uses. Instream Flow Components The instream flow right consists of flow in excess of the Carve Out up to the appropriated amount and consists of three componenls: I) A base flow component during the non runoff months at the 80% exceedance level; 2) A Modifiable Portion (Paragraph 4) which may be converted by the Board from instream flow protection to consumptive uses. This Modifiable Portion provides the means of protecting the second level of development allowance which will be available for future consumpti ve uses, and 3) A "Non-modifiable" Portion (Paragraph 3) which consists of water that flows out of Colorado because of compact limitations (modifiable only with consent of the FWS under Paragraph 3 of the Enforcement Agreement). Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Base Flow 88 172 157 187 221 305 125 45 Para. 4 302 644 242 0 Para. 3 247 1M 163 112 114 ill 5262 2.2Q1 8838 3230 ill 197 ISF Rt. 335 336 320 299 335 694 5564 10151 9080 3230 520 242 The Modifiable and Non-modifiable concept is more fully described in Paragraphs 3 and 4 of the Enforcement Agreement. Administration The Base Flow component will not be subordinated to junior water rights. A call will be placed whenever the flow at the Maybell gage is less than the Base Flow component. Oplion I - 2