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June 30, 2008 <br />Cons <br />• An ISF would be a junior water right and CWCB may not be able to appropriate <br />flows in the amounts needed to adequately protect the ORVs if those flows were <br />determined to be more than the minimum required to preserve the natural <br />environment to a reasonable degrees. <br />4B INSTREAM FLOWS BEYOND BASEFLOW (FOR LARGE SEASONAL OR FLUSHING FLOWS) <br />I. Concept <br />An ISF may be able to provide environmental "flushing flows ". This could be done <br />under an acquisition agreement using CWCB's "improve" authority where water would <br />be provided in larger amounts in certain years. Another way to achieve large seasonal <br />flows would be through the acquisition of water by the CWCB via a donation, purchase <br />of a lease that the CWCB could use to improve the natural environment to a reasonable <br />degree. This option could be less controversial than a new ISF appropriation, but would <br />depend upon the availability for water for acquisition. <br />II. Benefit to stream segments: <br />A flushing flow ISF would provide spawning cues if timed correctly, and would improve <br />trout habitat overall. <br />III. Permanent Flow Protection <br />A flushing flow ISF can provide the same degree of permanency as any other ISF water <br />right. If done under an acquisition agreement, it would depend upon the terms and ability <br />to renew the agreement. <br />IV. Pros and Cons <br />Pro <br />• An ISF for flushing flows can provide major habitat improvements. <br />Con <br />• An ISF for flushing flows may be politically controversial. <br />4C. ACQUISITION OF SENIOR DECREED WATER RIGHTS FOR ISF USE <br />I. Concept: <br />CWCB can acquire water, water rights or interests in water to preserve or improve the <br />natural environment to a reasonable degree. CWCB can acquire absolute direct flow or <br />storage rights, and can acquire water rights on a permanent or temporary basis. To do so, <br />CWCB must apply to water court to obtain a decree to use an acquired water right for ISF <br />purposes. <br />IC <br />