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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />their observations are often casual. Preferred documentary evidence would <br />include frequency with which minimum flow requirements have been met, reservoir <br />pool limits violated, flow fluctuation restrictions violated, and other non- <br />financial measures of implementation. <br />For one class of these measures, minimum flow requirements, the compli- <br />ance of 30 flows agreed-to by the sponsoring agencies has been documented, <br />usually on the basis of U.S. Geological Survey streamflow gaging records (6). <br />A flow was considered to have been violated if more than 5% of the daily aver- <br />age flows (18 days a year) were below the level of the flow agreement. Only <br />two-thirds of the agreed-to flows complied with this criterion. The frequency' <br />of these violations range from 22 days a year to 172 days a year with an aver- <br />age frequence of 85 days a year. <br />Since 1968, the agreed-to flow below Mason Dam (Baker Project) has been <br />violated 39% of the time. This project illustrates the lack of enforcement <br />where an abundant flow was requested to re-establ ish a trout fishery as well <br />as the ineffectiveness of an instream flow agreement containing undefined <br />terms, such as "somewhat lower flow" and "short water years." The Fish and <br />Wildlife Service first offered an instream flow recommendation in 1951 to <br />the sponsoring agency, which was not accepted until 1960. At that time, the <br />FWS agreed to a flow which could fall below the recommended flow in short <br />water years. There was a lag of 10 years between the time of the FWS report <br />and the sponsoring agency's acceptance of a modified recommendation, because <br />it probably considered the flow to be the best obtainable for fish and wildlife. <br />Additionally, the sponsoring agency and the irrigation district both <br />readily accepted the recommendation with the knowledge that there is no sys- <br />tematic monitoring by fish and wildlife interests. Moreover, there are no <br />penalties for violations, even if discovered. In fact, the irrigation dis- <br />trict has repeatedly reported releasing the agreed-to flow to the sponsoring <br />agency, even though United States Geological Survey gage records reveal <br />19 <br />