Laserfiche WebLink
Memo to Colorado Water Conservation Board Members <br />From Peter Evans and E.I. Jencsok <br />Date: December 5, 1995 <br />Re: Endangered Fish Instream Water Rights for the Yampa River <br />Page 7 <br />River to conserve and recover the listed endangered fish pursuant the Recovery Implementation <br />Program for Endangered Fish Species in the Upper Colorado River Basin. The first is the "Base <br />Flow Water Right" and the second is the "Recovery Flow Water Right." We recommend that the <br />Board make the following findings with respect to the applications. <br />1. Base Flow Water Right <br />A. Appropriation Date -- December 13, 1995 <br />B. Location -- As described in the Final Notice dated November 15, 1995. <br />C. Amount Claimed -- As described in the Final Notice dated November 15, 1995 or <br />subsequently modified by the Board. <br />D. The Base Flow should be subject to Paragraph 3 of the September 21, 1993 <br />Enforcement Agreement and will not be modified without the concurrence of the <br />Service. <br />E. The Base Flow should not be subject to the Carve Out. <br />H. Recovery Flow Water Right <br />A. Appropriation Date --December 14, 1995 or at least one day junior to the Base Flow <br />Water Right. <br />B. Location -- As described in the Final Notice. <br />C. Amount Claimed -- -The flows remaining after the Carve Out is in full use (if the <br />Board chooses numeric values, terms and conditions which reflect a frequency of <br />enforcement consistent with the Service's recommendations will need to be <br />developed). <br />D. 72,000 acre feet of the right should be modifiable in accordance with Paragraph 4 of <br />the Enforcement Agreement and should be distributed on a monthly basis during the <br />year. <br />E. The remainder of the right should be subject to Paragraph 3 of the Enforcement <br />Agreement. <br />III. Findings on Modifiability: <br />A. The Board was created to aid in the protection and development of the waters of the <br />State and has a statutory duty to promote the conservation of the waters of the State <br />in order to secure the greatest utilization of such waters. <br />B. It is the statutory responsibility of the Board to correlate the activities of mankind <br />with some reasonable preservation of the natural environment. <br />C. The Board is not authorized to make appropriations that would deprive the people of <br />Colorado of the beneficial use of those waters available by law and interstate <br />compact. <br />D. In order to correlate the activities of mankind with the reasonable preservation of the <br />