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Issues Raised in Case Nos. 95CW155 & 95CW156 <br />1. Did the CWCB take the necessary steps to make -an <br />appropriation? <br />a. Is the application speculative? <br />2. Before filing, did the CWCB determine that the natural <br />environment will be preserved to a reasonable degree by the <br />water available for the appropriation to be made; that there <br />is a natural environment that can be preserved to a reasonable <br />degree with the Board's water right, if granted; and that such <br />environment can exist without material injury to water rights? <br />If so, should the Board's findings be upheld? <br />a. Are the amounts claimed supported by competent scientific <br />evidence? <br />b. Are the amounts claimed excessive? <br />C. Are the amounts claimed based on political considerations <br />arising out of previous contractual relationships between <br />the CWCB and the U.S. Fish and Wildlife Service (FWS) , <br />rather than scientific data? <br />3. Will this water right deprive the people of the State of <br />Colorado of the beneficial use of those waters available by <br />law and interstate compact? <br />a. Will the recovery flow water right deprive the people of <br />the State of Colorado of waters of the Yampa River <br />contrary to the Upper Colorado River Basin Compact? <br />b. Will appropriations made on a monthly basis interfere <br />with Colorado's ability to use its compact apportionment, <br />given that out -of -state delivery requirements are based <br />on longer time periods? <br />C. Are there too many uncertainties to make this <br />determination at this time? <br />d. Will the Yampa River be made to supply a disproportionate <br />share of Colorado's compact delivery obligation? <br />e. Will this water right impede future mineral development <br />in northwest Colorado, contrary to the national interest? <br />4. Will this water right injure the opposers' water rights? <br />a. Will this water right interfere with the opposers' <br />ability to change absolute or conditional water rights or <br />make exchanges in the future? <br />