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<br />. <br /> <br />. <br /> <br />. <br /> <br />.. <br /> <br />recovery flow water right dependent on federal agencies (a) not <br />requiring owners or operators of water projects constructed or <br />having all necessary federal authorizations prior to the date of <br />this appropriation (er decree) to take measures that would decrease <br />the water yields of their projects for the benefit of the listed <br />species; (b) not relying on the decree in this case as a basis for <br />any regulatory bypass flows; and (c) complying with the Recovery <br />Program and the Section 7 ConSUltation, Sufficient Progress, and <br />Historic Projects Agreement dated October 15, 1993 (Section 7 <br />Agreement). Specific language on these points will be developed <br />and included in the decree. <br /> <br />ft. The decree in this case will provide that the recovery <br />flow water right shall be unenforceable or terminated if anyone of <br />the following conditions occurs: <br /> <br />(1) the Enforcement Agreement is terminated pursuant to <br />Paragraph 2 of that agreement; <br /> <br />(2) there is federal legislation or regulatory action which <br />negates the need for flows for the benefit of the listed <br />species in the Yampa River; <br /> <br />(3) there is a final determination by a court of competent <br />jurisdiction that the recovery flow water right is no longer <br />required for the listed species in the Yampa River; or <br /> <br />written concurrence has been obtained from the Service or <br />other appropriate agencies or entities that the decree entered <br />herein is no longer necessary for the listed species in the <br />Yampa River. <br /> <br />~. The judicial confirmation of this right shall not <br />preclude the Board from applying for, adjudicating, or acquiring <br />rights for additional amounts of water in the future, subject to <br />satisfaction of the applicable statutory criteria. <br /> <br />Submitted this <br /> <br />day of December, 1995. <br /> <br />GALE A. NORTON <br />Attorney General <br /> <br />STEPHEN K. ERKENBRACK <br />Chief Deputy Attorney General <br /> <br />T!MOTHY M. TYMKOVICH <br />Solicitor General <br /> <br />JENNIFER L. GIMBEL <br />Deputy Attorney General <br /> <br />5 <br />