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<br />~ withdrawn and any decree entered shall be void. <br /> <br />d. The Board has further determined that paragraph 3 of the <br />Enforcement Agreement will apply to the remaining portion of the <br />recovery flow water right, which portion may not be modified by the <br />Board without the concurrence of the Service. <br /> <br />6 . Remarks: <br /> <br />a. This recovery flow water right is being appropriated in <br />conjunction with a "base flow water right," appli.ed for in a <br />related application, to conserve and recover the listed species <br />pursuant to the Recovery Implementation Program for Endangered Fish <br />Species in the Upper Colorado Ri.ver Basin (Recovery Program). The <br />recovery flow water right is one day junior to the base flow water <br />right. <br /> <br />~ <br /> <br />b. This appropriation is made pursuant to the provisions of <br />!l !l 37-92-102 (3) and 37-92-103 (3), (4), and (10), C.R.S. (1990). <br />The purpose of this appropriation by the State of Colorado is to <br />preserve the natural environment to a reasonable degree. The Board <br />has determined that the natural environment will be preserved to a <br />reasonable degree by the water available for the appropriation to <br />be made; that there is a natural environment that can be preserved <br />to a reasonable degree with the Board's water right if granted; and <br />that such environment can exist without material injury to water <br />rights. <br /> <br />c. The amount of water necessary to preserve the natural <br />environment to a reasonable degree is necessarily complex in this <br />particular situation. While considerable scientific information <br />h b h d "'~",''''~''''''w"""""",,,,,,,,,.''m f' f' . t ' th <br />d:~erm~~~ti~~t ~fe t'he rtt~~~~q!f'e~;g'ft!~ B~~rd J.\J.~n mak~n thi: <br /> <br />appropriation at this time, there remains some uncertainty about <br />the exact amount of water required from time to time as well as <br /> <br />;i;~;itl~i'~~i~ ~~t~~~t a~~~~~vi;g w:~:r s~~~~o~~ia~;~!"I~ljr"Wi!l! <br /> <br />oenetIcTiJ.T',wi:ise of those waters available - by law and interstate <br />compact under the Colorado River and Upper Colorado River Basin <br />Compacts. Nevertheless, preservation of the natural environment to <br />a reasonable degree requires urgent action at this time in order to <br />allow recovery of the listed species and to avoid any unnecessary <br />interference with water development by federal regulation under the <br />Endangered Species Act. The Recovery Program contemplates <br />continued research on the water requirements of the listed species <br />and the Board contemplates further hydrological investigation into <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 />~ <br /> <br />d. <br /> <br />The purpose of Recovery Program is to recover the listed <br /> <br />3 <br />