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Memo to Colorado Water Conservation Board Members <br />Froir Peter F, ai;s. and L.1. Ieresok <br />Date: December 5, 1995 <br />Re: Endangered Fish Instream Water Rights for the Yampa River <br />Page 6 <br />the Colorado River and Upper Colorado River Basin Compacts. The Carve Out should be fully <br />developed before the Recovery Flow Water Right is administered. Development by both senior <br />conditional and junior water rights may be counted against the Carve Out. However, this <br />accounting will in no way limit development of senior conditional water rights beyond that which <br />is imposed by the Compacts. <br />The Board should seek a Recovery Flow Water Right appropriation quantified according <br />to one of the two methods indicated in the Final Notice. In either case, the first 72,000 acre feet <br />(to be distributed on a monthly basis) of this water right should be modifiable in order to assure <br />that Colorado can fully develop its compact apportionment (Paragraph 4 water under the <br />Enforcement Agreement). In addition, the Board should develop terms and conditions during the <br />water court proceedings to guide the administration of this right and assure that it will not be <br />enforced until the 52,000 acre foot Carve Out is in full use. The remainder of the Recovery Flow <br />Water Right would be treated as Paragraph 3 water under the Enforcement Agreement. <br />CONSULTATIONS <br />During development of this recommendation, staff has consulted with numerous parties, <br />including the Colorado State Engineer's Office, the Division Engineer, the Colorado Division of <br />Wildlife (CDOW), the Colorado Attorney General's Office and the Service. <br />The CDOW has reviewed the Service's flow recommendations and has advised the Board <br />that those recommendations are based upon the best available data and scientific methods. Also, <br />the Board has received many comments regarding the instream flow appropriation alternatives. <br />These comments and recommendations have been taken into consideration in formulating the <br />final staff recommendation. <br />KEY DECISION ISSUES <br />The Board may need to make decisions on the issues described in Attachment 1 before <br />taking action on the staff recommendation. Key decisions that need to be made by the Board are <br />listed below: <br />► Base Flow - Is the amount acceptable? <br />► Recovery Flow - Should the amount be numeric or for the flows remaining after the Carve <br />Out is fully developed? <br />► Carve Out - Are the amount and distribution acceptable? Are junior and senior water <br />rights addressed appropriately? <br />► Modifiable Portion - Are the magnitude and distribution acceptable? <br />► Modification Criteria - Should the criteria address compact issues only or compact issues <br />and fish recovery flow factors? <br />BOARD ACTION /STAFF RECOMMENDATIONS <br />We recommend that the Board appropriate two instream flow water rights on the Yampa <br />