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• <br />e. Is consideration of conditional water rights in making the <br />determination of physical and legal availability an impediment? <br />f. Does the Maybell Compact delivery prohibit dedication of the senior <br />Juniper water rights to instream flow protection? <br />g. Does the future full development of Colorado's compact entitlement of <br />water from the Colorado River system present an impediment to near <br />term provision and the protection of instream flows for the benefit of <br />the fish in the 15 mile reach and Yampa River? <br />h. Would the conversion of the Juniper-Cross Mountain water rights to <br />instream flow rights for the fish present an unavoidable impediment to <br />full development of Colorado's compact entitlement? <br />6. Is either a) the statutory requirement that water be physically and legally <br />available, or b) the method of determination of the physical and legal <br />availability of water, an impediment to protection of instream flows for <br />endangered fish species? c) How often must water be available in order to <br />make an appropriation? <br />7. Do the differences in the legal criteria and process between instream and <br />non-instream water rights give a higher value to the latter? Is this an <br />impediment? <br />Is it possible to acquire an "interim" instream flow right subject to future <br />review and refinement based on new data? <br />A. Until the uncertainties regarding the flow needs of endangered fish are <br />resolved, would protection of "interim" flows satisfy the goals of the <br />Recovery Program? <br />B. Can FWS rely on the interim flow in its biological opinion? <br />9. Does the operation of Orchard Mesa check present an impediment to the <br />protection of instream flows for the benefit of the fish? <br />A.Does the prohibition of condemnation present an impediment? <br />10. How can an instream flow right under state law be described, quantified, and <br />appropriated that varies annually and instantaneously? <br />1 1. How should the interests of FWS and the Recovery Program be protected in <br />the process of converting absolute rights to instream flow rights for the <br />endangered fish? (e.g., Protection from subordination of rights or <br />diminishment of quantity.) <br /> <br />2 <br /> ~ <br />~ O <br /> ~ <br /> i ~ i <br />Q <br />~ ~ p iO~ <br /> <br /> <br />~' c s o <br />~ ~ a = <br /> <br />5 2 5 1 <br />3 1 3 7 <br />8 3 2 <br />3 4 3 4 <br />5 3 6 <br />1 1 9 2 <br />7 4 3 <br />7 3 3 <br />6 2 2 2 <br />1 8 4 <br />{ <br />1 3 <br />5 3 <br />6 5 <br />2 <br />6 6 2 <br />