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<br />minimum streamflow rights only in March, 1999.8 Therefore, the environmental _ <br />problem caused by the absence of an adequatti bypass flow permit condition can and - <br />should be addressed now, before repeated flow reductions occur and adverse impacts <br />accumulate. The Corps should not wait, and ~llow the problem to worsen, before <br />taking action to protect the public interest when the scientific evidence is clear that <br />the status quo allows significant habitat degradation to occur. Development in the <br />Snowmass resort area and within the District's service area will continue. The Corps <br />serves the public interest by acting now to protect the Creek. Action now also forces <br />the District to develop the conservation, storage and other measures which ensure <br />the viability of both the resort community and the Creek. <br /> <br />e <br /> <br />8 Accurate flow records are not available at the diversion for certain months due to <br />equipment failure or inadequacy, according to the District's monthly reports. See <br />e.g., Ex. 11 (report for April, 2000). By this petj.tion, Petitioners also seek correction <br />of the gauge problem for at least the October ~6-March 31 period each year, when the <br />stairstep flow rights are in effect. Accurate s~amflow recording and reporting is <br />essential to monitoring environmental conditions below the diversion and providing <br />baseline data. . <br /> <br />e <br /> <br />19 <br />