Letter to Jennifer Gimbel October 21 2009

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securing instream flows for large seasonal or flushing flows under its acquisition authority. Depending on the conditions of the agreement, such acquisition could result in long -term protection of flows in higher amounts than the new ISF appropriation made under Section IV.b.(i). The SG and the CWCB are continuing to explore options for protection of flows pursuant to such voluntary arrangements. Because attempting to decree an ISF water right for higher flows could slow down the new ISF water right appropriation process pursuant to Section IV.b.(i), the protection of higher flows could be achieved via a water acquisition implemented through a separate water right decree. (b) Strategic timing of reservoir releases to meet winter storage elevations. Several major reservoirs upstream of the stream segments have winter season storage target levels that require the release of previously stored water in anticipation of spring runoff. The coordinated timing /scheduling of late summer and early fall reservoir releases to meet annual reservoir target elevations can help to satisfy late season flow demands. Such measures would take into account needs and effects during other seasons. (c) Storage and subsequent release of historical consumptive use and return flows. The Stakeholder Group will not encourage the dry -up of agricultural land. However, as development occurs in the area, some agricultural land and associated water rights will be taken out of production. On an "if and when /excess capacity" basis, the historical consumptive use and, in some cases the historical return flow, of the water rights can be placed into storage in upstream reservoirs for later release for a variety of purposes (both consumptive and non - consumptive). The timing of such releases may benefit the ORVs. Potential examples of such arrangements include the Red Top Valley Ditch, the Vail Ditch, and the Moser /Water Trust transaction. Page 11 of 16