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<br />~ <br /> <br />J <br /> <br />R~YI5Cd 115196 <br /> <br />"FISH RECOVERY IN STREAM FLOW WATER RIGHTS" <br /> <br />2 Water rights and development protection for each segment (Yampa River and 15 Mile Reach): <br /> <br />. Base Flow Water Right <br /> <br />. one day senior to Recovery Flow Water Right <br />. not subject to a Carve Out <br />. no Modifiable Portion <br />. Yampa Base Flow encompasses approx, 225 KAF (50% exceedence flows encompass approx, 1.2 <br />MAF) <br />. IS Mile Reach Base Flow = 868 KAF (50% = 2,I.MAF) <br /> <br /> Jon Feb Mar Apr May Jun Jut Jut Aug Sept Oct Nov Dee <br /> I-IS 16-31 <br />Yarnpa 125 175 270 450 1200 750 175 175 125 88 88 150 \25 <br />%Avail. 95% 90% 95% 95% 95% 95% 90% 90% 80% 75% 95% 90% 90% <br />Colorado 1240 1240 1240 1000 2000 2000 1000 810 810 680 810 1240 1240 <br />%Avail. 95% 95% 959'0 75% 85% 95% 90% 90% 65% 60% 60% 95% 95% <br /> <br />. Carve Outs for future development (to be distributed monthly or seasonally; not part of <br />either water right) <br />. Yampa = 52 KAF additional consumptive use <br />. 15 Mile Reach = 100 KAF additional consumptive use <br />. Monthly or seasonal distribution will assure full development of the Carve Outs is practical <br /> <br />. Recovery Flow Water Right <br />. available flows in excess of the Carve Out for future development <br />. CWCR reserved the right to quantify or more specifically define these flows as <br />appropriate <br />. Modifiable Portion (to be distributed monthly or seasonally) <br />. Yampa = 72 KAF additional consumptive use <br />. 15 Mile Reach = 300 KAF additional consumptive use <br />. "Terms and conditions" to be developed during the water court proceedings and included in the decree <br /> <br />. Modification Criteria (may be refined during the water court proceedings): <br />. whether and to what extent failure to modify would deprive the people of Colorado of the <br />beneficial use of water available under int"rstate compacts; and <br />,. whether and to what extent modification would continue to preserve the natural environment. <br />including particularly the environment of the endangered fishes <br /> <br />. Bypass Flow Provision (the CWCR agreed to include the provision being negotiated ia the <br />5-92CW286 case, which is intended to maximize federal agency adherence to the Recovery Program policy <br />of relying upon state law for flow management by rendering the new Recovery Flow Water Rights <br />unenforceable if federal permit conditions include bypass flow requirements that would reduce the existing <br />yield of existing water projects) <br />