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<br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />for the protection of the four endangered fish species of the Upper <br />Colorado River Basin (the listed species) . <br /> <br />5. Amount of water claimed in cubic feet per second (absolute): <br /> <br />a. The water right claimed in this application is referred <br />to as the "recovery flow water right." This recovery flow water <br />right will be quantified in one of the followinq two alternative <br />wavs: <br /> <br />1$I.wl~jlllll"liiIJlllII111111,mffillnttlBI.--"JtiIf!&1. <br /> <br />Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee <br />112 114 389 5,239 9,826 8,755 2,905 395 197 247 164 163* <br /> <br />* The above amounts are in addition to the baseflow right. <br /> <br />(2) In the alternative, the recovery flow water right will <br />quantified as all rcmainifl~ (e~ all ~Jailable <br /> <br />~ <br /> <br /> <br />b. The recovery flow water right will have two components: <br />a modifiable component and a non-modifiable component. 72,000 <br />acre-feet of the recovery flow water right (to be distributed on a <br />monthly basis) shall be modifiable pursuant to paragraph 4 of the <br />"Memorandum of Agreement Between the United States Department of <br />the Interior Fish and Wildlife Service and the Colorado Water <br />Conservation Board Concerning the Enforcement and Protection of <br />Water and Water Rights," dated September 21, 1993 (Enforcement <br />Agreement) . The modifiable portion of .}:l:1e"E~E!^c::?ve~~l,o~.,v^~~t:E!E <br />right may be modified by the Board, l!Wj)!li1t.~~M;A1;*~_Lfi~l$~ill\Qhl! <br />pursuant to specified criteria and pro2eaures~$Jw1tff6ttt~=the <br />concurrence of the Service in order to make water available for <br />consumptive use by junior water rights. <br /> <br /> <br />c. The Board has determined that it is necessary that 72,000 <br />acre-feet of the recovery flow water right be modifiable to avoid <br />depriving the people of Colorado of the beneficial use of water <br />available under the Colorado River Compact and the Upper Colorado <br />River Basin Compact. The Board's intent to appropriate a recovery <br /> <br />i~i,~,l,jI!\thi~~:s ~~~tyzo~~~a~!~j~,i~i!iF!il~i~~;\\~mi~~ :t~ <br /> <br />Board, to be included in the decree. If it is determined that the <br />Board is not entitled to modify 72,000 acre-feet of the recovery <br />flow water right in accordance with such criteria and procedures, <br />then the Board does not intend to appropriate any portion of the <br />recovery flow water right, and this application shall be deemed <br /> <br />2 <br />