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<br />Draft <br />9/22/95 <br /> <br />COLORADO WATER CONSERVATION BOARD <br />RECOVERY INSTREAM FLOW APPROPRIATION OPTIONS <br /> <br />Option III - Yampa River Instream Flow Appropriation <br /> <br />The following is one of several options which have been developed through extensive <br />consultations over the last year among representatives of the CWCB, State Engineering and <br />Division Engineers, Attorney General, Colorado River Water Conservation District, Colorado <br />Water Congress, U.S. Fish and Wildlife Service, and many other water interests for consideration <br />by the CWCB in late 1995 as a part of its efforts appropriate endangered fish recovery in stream <br />flows in the Yampa River. <br /> <br />Concept <br /> <br />An instream flow right consisting of all available flow, except for a development <br />allowance, is appropriated. <br /> <br />The first development allowance (Carve Out I) is remains available for water rights junior <br />to the ISF appropriation and is not included in the appropriation. <br /> <br />The junior water rights within the first development allowance will not be called out by the <br />instream flow right until the development allowance (Carve Out I) is used up. <br /> <br />A second development allowance (Carve Out II) is provided for development in excess of <br />Carve Out I. <br /> <br />When the first development allowance (Carve Out I) is used up on either a monthly or <br />annual basis, the Board may modify the second development allowance (Carve Out II) <br />from instream flow uses to consumptive uses. <br /> <br />The ISF right consists of all flow in excess of the first development allowance (Carve Out <br />lL and consists of two components: <br /> <br />Option III - 1 <br />