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<br />. <br /> <br />. <br /> <br />. <br />., <br /> <br />materials submitted by that committee be made part of the record of the CWCB <br />proceedings. Southeastern supports the limitatiOIlS on the CWCB filing stated in <br />the letter from Mr. Pitts of November 29, 1995 including that <br /> <br />(a) Southeastern supports the fIling for the base flow amount with the <br />modification stated in Mr. Pitts' November 29, 1995 letter. <br /> <br />(b) The carve out on the Colorado River should be 200,000 acre-feet per year; <br />any monthly distribution or sub-basin distribution should not limit full use <br />of the carve out amount. <br /> <br />(c) In addition to a carve out on the Colorado River of at least 200,000 acre- <br />feet, there should be a modifIable flow of at least 200,000 acre-feet, for a <br />total of at least 400,000 acre-feet; again, any monthly distribution or sub- <br />basin distribution should not limit the use of the modifiable flows or limit <br />the people's right to their compact development. <br /> <br />(d) Criteria for modification should be stated in advance of the fIling .of the <br />case, and should be stated as part of the fIling in the case. The criteria <br />should not be more restrictive on water users than that the modifIcation <br />does not result in Colorado's violating a compact, and the modifIcation <br />does not preclude recovery of the endangered species. <br /> <br />(e) All fIlings by the CWCB should specify a specifIc flow rate each month, <br />and not be a filing for "all remaining" water subject to exceptioIlS for the <br />carve out and the modifiable flows. No filing by the CWCB should request <br />water at a higher frequency (e.g" one year in four years) than the <br />frequency recommended by the U,S. Fish and Wildlife Service. <br /> <br />6. Southeastern has worked closely with the City of Colorado. Springs on these <br />matters, and supports the restrictioIlS on the applicatioIlS submitted by the City of <br />Colorado Springs and its coUIlSel Mr. Pifher, Southeastern requests that those <br />materials be made part of the record of the CWCB proceedings. <br /> <br />(1) The application should provide that it will not be used as the basis <br />for objection to changes or exchanges of water rights by senior <br />priority rights until and unless the carve out is used up, and will not <br />be used as the basis for objection unless the changes or exchanges <br />directly reduce the instrearn flow at the location of the iIlStream <br />flow and at the frequency of the iIlStream flow decree. <br /> <br />7. Southeastern requests the largest possible "carve out" of water not be subject to the <br />appIicatioIlS, and that the CWCB leave ample water for development of all of <br />Colorado's compact share, wherever and whenever that development may happen. <br /> <br />3 <br />