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Last modified
7/14/2009 5:01:47 PM
Creation date
5/20/2009 1:33:22 PM
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UCREFRP
UCREFRP Catalog Number
8283
Author
Silk, N., J. McDonald and R. Wigington.
Title
Turning Instream Flow Water Rights Upside Down.
USFW Year
n.d.
USFW - Doc Type
Boulder, CO\
Copyright Material
YES
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<br />The amount of water reserved for water development by an upside-down instream flow <br />water right is shown at the top of the hydro graph in Figure 4 and at the bottom in Figure <br />5. <br /> <br />8000 <br /> <br />7000 <br /> <br />6000 <br /> <br />"""' <br />r2 5000 <br />u <br />~ <br /> <br />Upside-down <br />J nstream Flow ___ <br />Water Right <br /> <br />~ <br />c2 4000 <br />E <br /><<i <br />~ 3000 <br />Vl <br /> <br />1000 <br /> <br />Water Development <br />Potential <br /> <br /> <br />2000 <br /> <br />o <br /> <br />Oct Nov Dee Jan Feb Mar Apr May JUll Jul Aug Sep <br /> <br />FIGURE 5. Water Development Reserved by an Upside-down Instream Flow Water Right <br /> <br />Ideally, specifying the amounts of an upside-down instream flow water right <br />would begin by considering a river's natural flow regime and examining the critical <br />thresholds within the various characteristics (flow frequency, magnitude, timing, <br />duration, and rate of change) of the flow regime. Then, through modeling and <br />experimentation, an increment of water development that does not demonstrably impair <br />the river's ability to perform its ecological services, is set aside. The remaining <br />streamflow is defined as the amount of the upside-down instream flow water right. The <br />quantification of such an instream flow water right would be expressed as "all remaining <br />unappropriated flows of a stream except for" a specified amount for water development. <br />The appropriation date for such a water right would be the date on which the increment of <br />future water development was specified, and would be junior to all previously <br />appropriated and decreed water rights. <br /> <br />Potentially, the amount of water reserved for development by an upside-down <br />instream flow water right could take all bfthe remaining low flows at a particular time, <br />causing substantial ecological damage. This risk can be managed by combining <br />conventional and upside-down instream flow water rights: the amount of water for <br />development can then be sandwiched between a conventional instream flow water right <br />protecting base flows and an upside-down instream flow right protecting a dynamic range <br />of high flows. Figure 6 illustrates this combination. <br /> <br />8 <br />
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