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<br />e <br /> <br />e <br /> <br />That c. the natural environment will be preserved to a reasonable degree <br />by the water available for the recommended appropriation by a flow of at <br />least 581 cfs reserving the possibility for future determination that higher <br />flows may also serve to preserve the natural environment to a reasonable <br />degree. <br />d. that there is a natural environment that can be preserved to a <br />reasonable degree with the above stated recommended water right if <br />granted and <br />e. that such an natural environment can exist with out material injury to <br />such water rights, that we would make those determinations, that we <br />furthermore, go ahead to appropriate, based on those determinations the <br />recommended instream flow water right on the 15- Mile Reach in the <br />amount of 581 cfs for the months of July, August, and September reserving <br />the possibility that we may at some future date, based on information then <br />available to us, make further appropriations as we would then determine <br />to be appropriate and that we move on that appropriation in a timely <br />fashion but at least before the end of this year. <br /> <br />The second part of the motion would be that we direct staff to negotiate <br />with Fish and Wildlife Service and involve the interested public to the <br />degree appropriate in those negotiations toward an agreement that would <br />involve enforceability of the water right by the federal government, but that <br />before any such an agreement would be consummated or effective it would <br />come back here for further consideration, for the public comment, further <br />action by this Board. That the--the third part of the motion would be then <br />that we also direct staff to work with the Service and other affected parties <br />as diligently as possible on the issues of sufficient progress and historic <br />depletions to see if an understanding, an overall understanding cannot be <br />arrived at to eliminate the uncertainty that currently exists with the respect <br />to the sufficient progress issue. <br /> <br />16 <br />