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<br />- 2- <br /> <br />Water Availability Studies <br />The CWCB staff has conducted an evaluation of water availability for these streams. To determine <br />the amount of water physically available for the Board's appropriations, the staff analyzed available <br />USGS gage records, available streamflow models, and/or utilized appropriate standard methods to <br />develop a hydrograph of mean or median monthly flows for each recommendation, The staff also <br />relied upon the flow measurements made and the lake level surveyed as part of the field survey as an <br />indicator of the amount of water physically available in each stream and lake, Staff also analyzed <br />the water rights tabulation for each stream and lake and consulted with the Division Engineer's <br />Office, water users and other interested parties to identify any potential water availability problems. <br />Based upon its analysis, the staff has determined that water is available for appropriation on each <br />stream to preserve the natural environment to a reasonable degree without limiting or foreclosing the <br />exercise of valid existing rights. <br /> <br />RELEVANT INSTREAM FLOW RULES <br />For each stream listed in the attached ISF Tabulation of Recommendations, the staff recommends <br />that the Board proceed as provided in Instream Flow Rules Sf, 5h and 5i: <br /> <br />Sf: Date of Appropriation. The Board may select an appropriation date that may be no earlier than <br />the date the Board declares its intent to appropriate, The Board may declare its intent to appropriate <br />when it concludes that it has received sufficient information that reasonably supports the findings <br />required in Rule 5.40. <br /> <br />5h: Final Board Action on an ISF Recommendation. The Board may take [mal action on any <br />uncontested StaffRecommendation(s) at the May Board meeting or any Board meeting thereafter. If . <br />a Notice to Contest has been filed, the Board shall proceed under Rule 5,50. <br /> <br />5i: Required Findings. Before initiating a water right filing to confirm its appropriation, the Board <br />must make the following determinations: <br /> <br />5i(1): Natural Environment. That there is a natural environment that can be preserved to a <br />reasonable degree with the Board's water right if granted. <br />5i(2): Water Availability, That the natural environment will be preserved to a reasonable <br />degree by the water available for the appropriation to be made. <br />5i(3): Material Injurv. That such environment can exist without material injury to water <br /> <br />rights. <br /> <br />These determinations shall be subject to judicial review in the water court application and decree <br />proceedings initiated by the Board, based on the Board's administrative record and utilizing the <br />criteria of S 24-4-106(6) and (7), C.R,S, (1999). <br /> <br />. <br /> <br />Flood Protection. Water Project Planning and Financing. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />