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<br />,. <br /> <br />OCT. 27 .1995 4: 57PM HAlL PITTS A5SOC <br /> <br />NU.tT.>Cl <br /> <br />1"'.':: <br /> <br /> <br />Hall, Pitts & Associates <br />CONSULTING ENGINEERS <br /> <br />October 27, 1995 <br /> <br />MEMO TO: Gene Jencsok <br /> <br />via Fax <br /> <br />FROM: Tom Pitts <br /> <br />SUBJECT: Criteria for Modification of Modifi"hle Instrearn Flows <br /> <br />Pursuant to your request, I am submitting the following comments and suggestions <br />regarding the criteria for modification of modifiable instre3lt1 inflows: <br /> <br />1. As stated in our previous written comments, modifiable flows cannot just be called <br />modifiable flows they must!1sl modifiable. <br /> <br />2. I'aragIaph 4 of the Enforcement Agreement (9/21/93) clearly states that the Board has <br />the authority to modify instream flows for endangered fish: <br /> <br />.4. The parties contemplate that the Board may appropriate or require instrearn <br />flow water rights all or a portion of which are explicitly subject to modification <br />based on later information n~ed to resolve scientific uncertainties and <br />uncertainties concerning Colorado's use of its compact entitlement. The Board <br />will be prlmaxily responSl.01e for developing information on compact issues and the <br />Service will be primarily responsible for developing scientific information. The <br />Board agrees to consult with the Service before modifying such rights. <br /> <br />a.. The Board and the Service agree to make a good faith effort to work together <br />in a cooperative manner to develop or require additional information concerning <br />such righ.ts, <br /> <br />b. The Board shall comply with the provisions of p3IllgI1lph 3. a, b, and c above <br />except that the extent that the Board modifies any of the water rights. . <br /> <br />The Enforcement Agreement clearly contemplates modification of the rights to resolve <br />uncertainties concerning Colorado's use of its compact entitlement. <br /> <br />-535 North Garfield Avenue <br /> <br />Loveland. Colorado 80537-5548 <br /> <br />970 667-8690 <br /> <br />FAX 970 667-8692 <br />