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<br />(6) Direct the CWCS staff and the Attorney General's Office to pursue a <br />modification, pursuant to the provisions of Senate Sill 96-64, of the CWCS's <br />Snowmass Creek instream flow water right decreed in Case No. 76W2943 to the <br />stair step recommendations presented in the staffs June 25,1996, memorandum <br />for the reach of Snowmass Creek between West Snowmass Creek and Capitol <br />Creek. In addition, staff also recommends that the modification within this reach <br />also include the provisions described in CWCS Director Lile's June 27,1996, <br />transmittal memorandum. Specifically, Director Lile's memorandum <br />recommends that: <br /> <br />(a) additional protection be provided for this stream reach during extremely <br />dry periods, identified by the occurrence of three consecutive "less than <br />10th percentile years" (as defmed in the June 25 staff memorandum), by <br />providing for a "recovery year" in which the stream reach will be <br />administered using the "50th percentile year or greater" stair step, <br />regardless of the trigger flow in the recovery year, and <br /> <br />(b) clarification and definition of the daily administration of the stair step <br />winter flow be included in the modification which is specific to the facts <br />and situations encountered within this middle segment of Snowmass <br />Creek and which shall not be applied to other reaches of Snowmass Creek <br />or to any other instream flow filing. Within this middle segment of <br />Snowmass Creek, the staff recommends that this daily administration <br />include a certain degree of flexibility between November 15 and <br />December 21 of each year. Specifically, during this time period the stair <br />step instream flow would be administered based on a 24-hour, rolling <br />average and for periods of no more than 6 hours in any 24-hour period, <br />junior diversions would be allowed to instantaneously reduce the flow in <br />the creek below the stair step instream flow amounts by up to 2 cfs <br />provided that (I) at no time would such junior diversions cause the <br />streamflow to fall below 7 cfs and (2) at no time would the 24-hour rolling <br />average fall below the stair step instream flow amounts. <br /> <br />~ <br />