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<br />"FISH RECOVERY INSTREAM FLOW WATER RIGHTS II <br /> <br />12195 CWCB applied for 2 water rights and development protection for each segment{Yampa River and 15 Mile Reach): <br /> <br />. <br /> <br />, <br />Base Flow Water Right <br /> <br />. one day senior ~o Recovery Flow Water Right <br />. not subject to a Carve Out <br />. no Modifiable Portion <br />. Yampa Base Flow encompasses approx. 225 KAF (50% exceedenee flows encompass approx. 1.2 <br />MAF) <br />. 15 Mile Reach Base Flow = 868 leAF(50%=2.1 MAF) <br /> <br /> Jan Feb Mor Apr May Jun 101 Jol Aile Sept Oct Noy De< <br /> 1.15 16-31 <br />Yampa. t2.5 175 270 450 1200 7S0 175 175 12.5 81 81 150 125 <br />Exceeded- 9S% 90"10 "95% 95% 95% 95% 90% 90"10 10% 75% 95% 90% 90% <br />-.. <br />c.. "(\0- 1240 1240 1240 tooo 2000 2000 1000 110 110 680 110 1240 1240 <br />E:. .7de 9SYo 95% 95% .7S% IS% 95% 90% 90% 65% 60"10 60"10 95% 95% <br /> <br />. <br /> <br />Carve Outs for future deve.lopment (to be distributed monthly or seasonally; not port of either <br />water right) <br /> <br />. <br /> <br />Yampa = 52 KAY additional consumptive use <br />15 Mile Reach = 100 leAF additional con.sumptive use <br />Mc.othly or seasonal distribution will assure full development of the Carve Outs is practical <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />Recovery Flow Water Right <br />. available flows in excess of the Carve Out for future development <br />. CWCB reserved the right to quantifY or more specifiea1ly define these flows as <br />. appropriate . <br />. Modifiable Portion (to be distrIbuted monlhly or seasonally) <br />. Yampa = 72 KAF additional consumptive use <br />. IS Mile Reach = 300 leAF additional consumptive use <br />Terms and conditions to be developed during the water court proceedings and included in the decree <br /> <br />. <br /> <br />. <br /> <br />Modification Criteria (may be refmed during the water C<lurt proceedings): .. <br />. whether and to what extent failure to modifY would deprive the people ofColoriido of the <br />beneficial use of water available under interstate compacts; and <br />. whether and to what extent modification would continue to preserve the natural environment, <br />including particularly tlie environment of the endangered fishes <br /> <br />. Bypass Flow Provision (the ewcs agreed to include the provision being negotiated in the 5-92CW286 <br /> <br />case, which is intended to maximize federal agency adherence to the Recovery Program policy of relying upon state law for <br />flow management by rendering the new Recovery Flow Water Rights unenforceable if federal permit conditions include <br />bypass flow requirements that would reduce the existing yield of existing water.projects) <br />