Agenda Item 1b: Endangered Fish Instream Water Rights for the Yampa River

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AGENDA ITEM lb SPECLAL BOARD MEETING Q December 13, 1995 ATTACHMENT 1 KEY DECISION ISSUES YAMPA RIVER 1. Base Flow Amounts Are the amounts acceptable? Staff recommends changing some of the Yampa base flows to more closely resemble the hydrograph as defined by the adjusted flows shown in the physical water availability study. Typically, the Service's recommended base flows durint rile /7017- r111 loffnnonths are at the 80% exceedance levels or greater as defined b\ the Board's physical water availability study (meaning that today water is in the stream at these flow rates at least 80% of the time or more). Our suggested changes are aimed at mimicking a natural hydrograph that will be present 90 -95% of the time since the Service has indicated they may choose not to augment winter base flows. However, the amounts in the final notice may be acceptable for filing purposes given that they could be adjusted downward as the Carve Out is distributed. Oct. Nov. Dec. Jan. Feb. Mar. Apr. May Jun. Jul. Jul. Aug. Sep. 1 -15 16 -31 FWS 88 172 157 187 221 305 all all all all all 125 45 B flow flow flow flow flow Flow Final 88 172 157 187 221 305 325 325 325 175 175 125 45 Notice Staff` 88 157 115 115 180 305 325 325 325 175 175 80 55 Rec. 2. Recovery Flow Amounts Should the Recovery Flow be a numeric value as described in the Final Notice or for the flows remaining after the Carve Out is in full use? This is the most controversial part of the application; staff recommends that the Board adopt the later approach which has been described in various forms (e.g. "the stream flow remaining after hwnans have totally consumed the Carve Out" or "Flows remaining after the Carve Out is fully developed "). If the Board chooses numeric values, terms and „ conditions which reflect a frequency of enforcement consistent with the Service's recommendations will need to be developed. How should administration be accomplished? Staff recommends that this be negotiated during water court proceedings. Do not call for right if such could cause flooding. Staff recommends that this condition be negotiated during water court proceedings. The Service would like to see some flooded bottom lands, but, the Board staff is concerned that such action not result in any property damage. 3. Carve Out Are the amounts acceptable? A annual Carve Out of 52, 000 acre feet appears to be acceptable and staff recommends that an annual Carve Out in this amount be provided for. 1