Laserfiche WebLink
<br />. <br /> <br />. <br /> <br />. <br /> <br />the availability of water for beneficial use under the compacts. <br />The Board has determined that this situation requires the present <br />appropriation of this water right, subject, however, to its <br />possible future modification by subsequent Board action. <br /> <br />d. The Board will not call for the administration of the <br />baseflow right as against junior water rights until. adcEfUatc;w <br />~mg~~~W~~ augmentation water is available or for one year from th~ <br />entry~oT~a decree in this case, whichever occurs first. <br /> <br />e. The Board has further determined that paragraph 3 of the <br />"Memorandum of Agreement Between the united States Department of <br />the Interior Fish and Wildlife Service and the Colorado Water <br />Conservation Board Concerning the Enforcement and Protection of <br />Water and Water Rights," dated September 21, 1993 (Enforcement <br />Agreement) will apply to the base flow water right. Therefore, the <br />base flow water right will not be modified without the concurrence <br />of the Service. <br /> <br /> <br /> <br /> <br />g. The Recovery Program is intended to provide the means of <br />complIance by existing and future water projects with the <br />Endangered Species Act, thereby avoiding the imposition of bypass <br />flows and other regulatory requirements. The adjudication of the <br />base flow water right will contribute to sufficient progress toward <br />the recovery of the listed species. The decree in this case will <br />include terms and conditions making enforceability of the base flow <br />water right dependent on federal agencies (a) not requiring owners <br />or operators of water projects constructed or having all necessary <br />federal authorizations prior to the date of this appropriation (or <br />decree) to take measures that would decrease the water yields of <br />their projects for the benefit of the listed species; (b) not <br />relying on the decree in this case as a basis for any regulatory <br />bypass flows; and (c) complying with the Recovery Program and the <br />Section 7 Consultation, Sufficient Progress, and Historic Projects <br />Agreement dated October 15, 1993 (Section 7 Agreement). Specific <br />language on these points will be developed and included in the <br />decree. <br /> <br />g. The decree in this case will provide that the base flow <br />water~right shall be unenforceable or terminated if anyone of the <br />following conditions occurs: <br /> <br />3 <br />