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determination that, to protect the natural environment to a reasonable degree, it would suffice <br />to appropriate minimum stream flows that would maintain the existing aquatic habitat and <br />related fish production when the determination is not shown to be irrational or unfounded. <br />Id. at 577. <br />In determining the minimum amount of water necessary to preserve the natural environment <br />to a reasonable degree in this case, the CWCB will rely upon recommendations from Staff, <br />the CDOW and the BLM. The CWCB staff, CDOW, and the BLM have cooperated in <br />developing instream flow recommendations based on PHABSIM analysis, as well as <br />standard field and office procedures including, but not limited to, collecting hydraulic and <br />biologic data, surveying stream channel geometry, modeling instream hydraulic parameters, <br />and analyzing water availability using gage flows and statistical stream flow modeling. The <br />determination of the minimum amount of water necessary to preserve the natural <br />environment is properly based on the scientific expertise of Staff, Wildlife, and the BLM, <br />and will be supported by the evidence at the hearing in this matter. <br />7) Staff reserves the right to supplement its legal claims in its Rebuttal Statement. <br />C. EXHIBITS TO BE INTRODUCED AT HEARING <br />1) January 14, 2011 Memorandum from Jeff Baessler to the CWCB, Agenda Item 15, containing <br />the stream flow tabulation for the San Miguel River ISF and Staff's request that the Board <br />form its intent to appropriate, attached as Exhibit 1. <br />2) Letter from the CDOW, dated December 10, 2010 and letter from BLM dated December 15, <br />2010, along with supporting field data, photographs, maps, gage data and water availability <br />analysis, attached as Exhibit 2. <br />Appendix A 3 Species Conservation Agreement <br />Appendix B CNHP Site Report SMR at Tabeguache Creek <br />Appendix B CNHP Site Report Uravan West <br />Appendix C Fish Survey SMR at Uravan 2008 <br />Appendix D Macroinvertebrate report <br />Appendix E PHABSIM 15000 <br />Appendix F Anderson F289RG (Riverine Fish Flow Investigations) <br />Appendix G R2X <br />Appendix H LOG Regression RHABSIM Staging Tables <br />Appendix H R2X Staging Tables <br />Appendix I Final Report Cooper & Conovitz 2000 <br />Appendix J SMR ISF Hydrograph <br />Appendix K CDOW/BLM San Miguel Draft Exec summary <br />Appendix L Dolores River Fish Survey <br />3) The CWCB Staff recommendation and executive summary containing the written <br />recommendation for an instream flow appropriation on the San Miguel River, attached as <br />Exhibit 3. All or portions of the digital Microsoft Excel worksheets that were developed as <br />part of staff hydrologic analyses may also be used as exhibits. These digital Excel files can be <br />requested directly from CWCB staff. <br />