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June 30, 2008 <br />largely shaped the historic hydrograph. The Grand Valley rights accept delivery of HUP <br />supplies, generally from August through October. <br />IV. Pros and Cons <br />Pros <br />• These are established water rights in place to call for water under dry to average <br />hydrologic conditions and that can help maintain ORVs during portions of the year. <br />• Reliance on these existing rights allows for upstream operational flexibility to deliver <br />water to calling rights provided replacements are made upstream of Segment 4. <br />• Grand Valley HUP deliveries take place during drier conditions and therefore benefit <br />the study area reaches when other concepts may not provide physical supply. <br />• Segments 4 through 7 are downstream of Green Mountain and therefore would <br />benefit from HUP releases. <br />Cons <br />• Existing water rights do not provide guaranteed flows under all conditions. <br />• Existing water rights typically provide 1250 cfs at Dotsero, below the confluence <br />with the Eagle River, and this may not be sufficiently protective to maintain all of the <br />ORVs in Segments 4 through 7 above the confluence with Eagle River. <br />• The Shoshone right can be reduced when the plant does not operate and when the <br />"Power Interference Agreement" which allows for reduced deliveries during drought <br />periods is operating. <br />• There may be a lack of permanency since the Shoshone right is a private right. (e.g., <br />the water rights may be sold and no longer call flows through the reach). <br />• Calling rights could potentially be satisfied through means other than flows through <br />he ORV reaches. <br />• Grand Valley rights are not year -round rights. <br />3. CURRENT PROTECTION PROVIDED BY UPPER COLORADO RIVER <br />ENDANGERED SPECIES RECOVERY PROGRAM <br />I. Basic Concept <br />The Final Programmatic Biological Opinion issued in December of 1999 includes a <br />Recovery Action Plan that identifies several flow enhancements to assist the recovery of <br />fish in the 15 -mile reach above the confluence of the Colorado and Gunnison Rivers. <br />The flow preservation and enhancements /sources that could impact the stream segments <br />identified by BLM as potentially eligible for designation are as follows: <br />• Colorado Water Conservation Board (CWCB) Instream flow (ISF) Decrees <br />i. 581 cfs in the 15 -mile reach during July, August, and September <br />ii. 300 cfs for water accretions occurring in the 15 -mile reach during July, <br />August and September <br />I: <br />