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June 30, 2008 <br />hydrologic conditions, govern the flows on the Colorado River through Segments 4 <br />through 7. While these water rights operations have reliably shaped the flows in the <br />Upper Colorado River during portions of most years, permanency of flow protection <br />cannot be assured, as these rights may be subject to operational agreements (the <br />Shoshone "Power Interference" agreement); may be purchased, resulting in elimination <br />of the call; may not be able to beneficially use the water, or may be operated differently <br />due to water rights changes. In addition, the Grand Valley rights do not have the need to <br />call during the non - irrigation season, when protective flows for the fisheries are needed. <br />C. Protection Provided by Upper Colorado River Endangered Species Recovery <br />Program. <br />The Final Programmatic Biological Opinion issued in December 1999 included a <br />Recovery Action Plan that identified several flow enhancements to assist the recovery of <br />endangered fish in the 15 -mile Reach above the confluence of the Colorado and <br />Gunnison Rivers. The flow enhancements /sources that could impact stream Segments 4 <br />through 7 are as follows: <br />• CWCB instream flow decrees for the 15 -mile Reach. <br />• Late summer and fall flow augmentation sources delivered from storage upstream of <br />Segments 4 through 7. <br />• Spring peak enhancement through (1) coordinated reservoir operations that include <br />deliveries from storage facilities upstream of Segments 4 through 7; and (2) <br />enhancements that are developed through the Coordinated Facilities Water <br />Availability Study, a study to examine additional alternatives to supply enhanced <br />spring peak flows. <br />The permanency of protection provided by this program is linked to the continued <br />operation of the program and use of flow enhancement sources upstream of the reaches to <br />be protected. However, at this point, the use of upstream sources is not guaranteed. In <br />addition, the flow - delivery obligations from upstream sources would have to be evaluated <br />to ensure that they are sufficient, in time and amount, to meet the ORV flow needs. <br />d. CWCB Instream Flow Protection. <br />The CWCB has exclusive authority in the State of Colorado to hold instream flow water <br />rights for the preservation or improvement of the natural environment to a reasonable <br />degree. CWCB instream flow options include: <br />(1) Instream flow for baseflow -- The CWCB can protect stream flows in and through <br />a reach between two points on a stream by appropriating new instream flow ( "ISF ") <br />water rights. ISF water rights are for minimum stream flows to preserve the natural <br />environment to a reasonable degree, and are adjudicated and administered within the <br />State's water right priority system. <br />(2) Instream flows for large seasonal or flushing flows - -To provide protection of <br />environmental "flushing flows" with ISF water rights, the CWCB could be asked to <br />consider these flows as part of the minimum flows necessary to protect the natural <br />-20- <br />