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I' 5.2. Instream Flow Rights or Targets <br />The Phase I Study represented a Juniper Canyon instream flow right based on the contemplated <br />draft of the Juniper Project water rights. This instream flow right was assumed to have a 1954 <br />priority, and was thus able to call out existing and future in -basin demands operating under rights <br />junior to 1954. Subordination of the Juniper rights was not represented in this particular scenario; <br />' however, enlarged reservoirs were assumed to fill ahead of the instream flow right under portions <br />of the Juniper priority "peeled off' for that purpose. <br />The Phase II and O &M studies assumed no instream flow water right. In -basin demands were <br />assumed to operate in priority and to deplete the river without regard to effects on instream flows. <br />Reservoir releases were then made to augment instream flows at the Maybell gage so as to <br />bring those flows up to various target flow levels. <br />The flow operations simulated in the Phase II and O &M studies revealed occurrences of Maybell <br />flow below the relevant target and indicate that the natural flow and storage were inadequate to <br />meet the targeted instream flow levels. Tables 8 through 12 in the appendix show the <br />corresponding monthly storage releases for instream flow from the augmentation pool in the <br />enlarged Elkhead Reservoir. <br />In 1995, the CWCB filed two instream flow water rights applications: one for a baseflow right as <br />summarized in Table 3 and another for a "recovery flow" right. The recovery right included all the <br />available flow remaining in the river less a "carve -out" of 52,000 of for future development. The <br />carve -out could be increased by 72,000 of (124,000 of total), if it is determined that the people of <br />Colorado are being deprived of the beneficial use of water allocated to them under compact by <br />the smaller carve -out and that the natural environment of the endangered fishes will be <br />preserved with the larger carve -out. <br />The rights were withdrawn in 1999 due to public opposition and a lack of support from other <br />government agencies. The state may file a new application for instream flow water rights in the <br />future, if the RIP determines these rights are necessary to preserve the natural environment for <br />the endangered species to a reasonable degree. <br />17 <br />