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<br /> <br />-, <br /> <br />-5- <br /> <br />. <br /> <br />water which is detennined as follows: <br /> <br />1. Beginning with each year's April 1 forecast from the Colorado <br />River-River Forecast Center, if Blue Mesa is projected to fill and <br />spill by July 31 st, the instream flow will be the flow amount <br />beyond the water which satisfies present and future obligations of <br />the authorized pmposes of the Aspinall Unit, under the Colorado <br />River Storage Act, 43 U.S.C. Section 620 et seq., as in effect on <br />April 2, 2003, and under its existing water right decrees obtained <br />under Colorado law. <br /> <br />2. Further, the amount of water for instream flow pmposes shall be <br />limited to a maximwn of 14,500 cfs, but which in any event will <br />not flood Delta, Colorado, (currently estimated between 10,000 cfs <br />and 14,500 cfs), when combined with tributary inflow occurring <br />upstream of the Gunnison River gage located near Delta, which <br />amount will be established by the CWCB working with the United <br />States Department of Interior and the City of Delta. <br /> <br />3. This instream flow water right shall not be exercised in a manner <br />that interferes with Aspinall operations. <br /> <br />. <br /> <br />4. This water right will be subordinate to future users of the unused <br />portion of the 60,000 acre-feet subordinated by the Aspinall Unit <br />to the Upper Gunnison basin water users. <br /> <br />5. There is a natural environment that can be protected. <br /> <br />6. There is water available to protect the natural environment. <br /> <br />7. This filing will protect the environment to a reasonable degree in <br />this segment of stream. <br /> <br />The motion was approved 9-0. Carolyn McIntosh was not present. <br /> <br />A motion was made by Greg Hoskin and seconded by Keith Catlin to approve <br />the staff recommendation that: <br /> <br />1. The Board direct the Staff to publicly notice the Board's <br />declaration of its intent to appropriate and mail a copy of <br />the Notice, within five working days, to the County <br />Commissions of Montrose, Delta and Mesa counties, <br />pursuant to Rule 5.21; and, <br /> <br />. <br /> <br />2. Appoint Felicity Hannay as the Hearing Officer with Dan <br />McAuliffe as the alternate. <br /> <br />The motion was approved 9-0. Carolyn McIntosh was not present. <br />