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<br />level "necessary to adequately support food fish and game fish <br />populations. "[8] Similarly, the Utah legislature provided that a ~ <br />permit could be denied if it "will unreasonably affect public <br /> <br />recreation or the natural stream environment."[9] <br /> <br />outright denial of a new water diversion lacks flexibility <br /> <br />needed in some instances, thus a number of states allow the new <br /> <br />permit to be issued subject to protective conditions for instream <br /> <br />flows. Two types of instream flow conditions are frequently <br /> <br />incorporated into water use permits. The first, applied <br />extensively in California and to some extent in Alaska, provides <br /> <br />for a specified level of the natural flow to be left in the <br />stream by the new permittee. It is the duty of new permittees to <br /> <br />ensure that they allow the minimum flow to bypass their diversion <br /> <br />at all times. <br /> <br /> <br />~ <br /> <br />The second type of per' condition creates a similar <br /> <br />result, incorporating the requirement that when the natural <br /> <br />- <br /> <br />~eam level falls below a specified flow, the permittee shall <br />~ --- ..) <br /> <br />discontinue diverting water. This strategy is used most <br /> <br />effectively on critical salmon streams in central Washington <br /> <br />where, following a basinwide study of instream flow needs, the <br /> <br />water agency conditions all new permits to require curtailment of <br /> <br />diversions during low flow periods. <br /> <br />C. INSTREAM WATER RIGHTS <br /> <br />Conditioning permits on a case by case basis can result in <br /> <br />inconsistencies and prove cumbersome to administer. <br /> <br />Consequently, a number of state legislatures have authorized the <br /> <br />~ <br /> <br />-10- <br />