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3 <br />(Sect. 1.3), lack the necessary guidance for assessing the biological <br />effects which might result from such modifications in stream flow. <br />Q This report has been prepared to provide the guidance that does not <br />r currently exist for -assessing instream flow needs for fishery <br />resources below hydroelectric projects. The various methods are <br />reviewed (Sect. 2.0) and evaluated (Sect. 3. 0), and strategies are <br />presented (Sect. 4.0) for selecting the most appropriate method based <br />on (1) project design and operation, and (2) nature of the aquatic <br />resources., Before discussing specific methods, however, additional <br />background information is provided on the instream flow issue from an <br />historical (Sect. 1.1), regulatory (Sect. 1.2), and hydropower (Sect. <br />1.3) perspective. <br />1.1 Historical Background on the Instream Flow Issue <br />r 1.1.1 Development in the West <br />Significant conflicts between offstream and instream uses of <br />water first developed in the West where water supplies are limited and <br />offstream uses (e.g., irrigation) are well-defined by law. Western <br />water law is based on the appropriation doctrine which has two <br />fundamental principles: (1) first in time is, first in right and (2) <br />beneficial use of the water is the basis of the right (Gould 1977). <br />Because of the scarcity of water in many regions of the West, water <br />development has been equated with growth, prosperity, and success <br />(Lamb and Bayha 1978). In short, beneficial use was defined in <br />economic terms. In many states, permitting water to remain in the <br />stream (e.g., for the protection of fish and wildlife habitat or <br />recreation and aesthetic values) was not recognized as a beneficial <br />use. Now, however, most western states recognize the need to protect <br />instream values and, in some cases, have been able to acquire <br />protection through legislative changes (e.g., Dewsnup and Jensen 1977; <br />Lamb and Bayha 1978).