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the Service's recommendations and about water availability or Compact <br />allocations. These uncertainties will be periodically reviewed and the amount of <br />legal protection that is explicitly modifiable can be continued, reduced or converted <br />to less qualified protection. Also as a part of these periodic reviews, the Service <br />can make additional recommendations for flow protection and the state could <br />decide to protect additional flow amounts, with more or less qualifications about <br />the subsequent modification of those amounts. <br />Flow protection mechanisms are organized in many Recovery Action Plans <br />according to their initial or dominant attribute. If a change in the ownership of a <br />water right (by purchase, lease, etc.) is central to flow protection, then the <br />mechanism is placed under "Acquire." A change in water right ownership to <br />protect flows will usually be accompanied by a legal proceeding to change the <br />nature or use of the water. right, but this proceeding is still considered to be part of <br />the "acquisition" of flow protection. Except for acquisition of conditional water <br />rights in Colorado, such water rights acquisition also will result in physical <br />alteration of flow conditions and will not just protect existing conditions. <br />Where flow protection involves filing for a new water right, it is placed under <br />"Appropriate." With this mechanism, the ownership of the water right is <br />established in the first instance, rather than being conveyed to a subsequent <br />owner. In Colorado, the appropriation of an instream water right can be dated <br />back to the action of the Colorado Water Conservation Board to advance to final <br />notice a recommendation for an appropriation, but the Conservation Board also <br />must make a water court filing to confirm the appropriation and to avoid the <br />postponement of the appropriation's priority date. It may take two or more years <br />from this filing to obtain a decree from the water court, depending on the nature of <br />any litigation over the filing. In this case, the water right will have a relatively <br />junior priority date, and only existing flow conditions can be protected. <br />Flows also may be protected through the physical alteration of flow conditions by <br />reoperating a reservoir or other component of an existing or new water project. <br />This kind of flow protection is placed under "Deliver" in the Recovery Action Plans <br />and will usually involve both a change of water right ownership, including the lease <br />of storage water, and a change in the legal nature of the water rights. (A <br />management agreement between federal agencies also may be involved as in the <br />case of the Aspinall Units, and compensation will be required where storage water <br />is already under contract.) <br />Utah <br />Legal protection of flows in Utah will be achieved differently than in Colorado. <br />Several approaches can be taken under Utah water law to protect instream flows, <br />including: 1) acquiring existing water rights and filing change applications to <br />provide for instream flow purposes; 2) withdrawing unappropriated waters by <br />governor's proclamation; 3) approving presently filed and future applications <br />6 <br />