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<br />. <br /> <br />. <br /> <br />A portion of the development allowance is provided through 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 approxomately 72,000 af is distributed on the following <br />basis: <br /> <br />Month Apr May Jun Jul <br />cfs 302 644 242 0 <br /> <br />When the Carve Out is used up on either a monthly or annual basis, the Board may convert <br />the 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 flow in excess of the Carve Out up to the appropriated <br />amount and consists of three components: <br /> <br />I) 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 <br />instream flow protection to consumptive uses. This modifiable portion provides the <br />means of protecting the second level of development allowance, which will be available <br />for future consumptive uses, and <br />3) A "Non-modifiable" Portion (Paragraph 3) which consists of water that flows out of <br />Colorado because of compact limitations (modifiable only with consent of the FWS <br />under Paragraph 3 of the Enforcement Agreement). <br /> <br /> Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep <br />Base Flow 88 172 157 187 221 305 125 45 <br />Para. 4 302 644 242 <br />Para. 3 W 1M ill ill ill 389 5262 2.5ill ~ 3230 12J 197 <br />ISFRt. 335 336 320 299 335 694 5564 101519080 3230 520 242 <br /> <br />The Modifiable and Non-modifiable concept is more fully described in Paragraphs 3 and 4 of <br />the Enforcement Agreement. <br /> <br />Administration <br /> <br />The Base Flow component will not be subordinated to junior water rights. A call will be <br />placed whenever the flow at the Maybell gage is less than the Base Flow component. <br /> <br />The Division Engineer/CWCB will track running monthly 10 year volumes at the Maybell <br />gage. <br /> <br />Option II - 2 <br />