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<br />. Regarding the base flow filings, several conditions are essential. <br /> <br />. <br /> <br />Base flow water rights only remain in the Recovery Action Plan (RIPRAP) for so long <br />as do meaningful recovery flow rights. <br /> <br />. <br /> <br />Voluntary (with or without compensation) or federally authorized reoperations <br />, (upstream reservoirs and Grand Valley water) do not disallow or restrict the <br />enforcement of the instream flow right. ' <br /> <br />. No special augmentation agreements (like Elkhead) are made part of these flow rights. <br />If the base flow water right calls, the juniors need to fund and deliver their own . <br />augmentation water. Base flow rights also do not need to be fully augmented against <br />senior water rights. <br /> <br />. The potential for a base flow water right call does not limit the enforcement of the <br />, base flow right, i.e., a source of augm'entation water for either the base flow right or <br />water rights junior to it does not have to bein place to enforce the base flow right. <br /> <br />. The amounts of the base flow. filings should either reflect the most current flow <br />recommendations by the U.S. Fish and Wildlife Service or otherwise be acceptable to <br />the Service. ' <br /> <br />. , There are also some important conditions for the recovery flow rights. ' <br /> <br />. <br /> <br />. The build-out of depletions under seIllor absolute water rights, along with new ~ <br />depletions under senior conditional water rights, are tracked and together charge down <br />the amount of the carveout left for new junior depletions. , <br /> <br />" <br /> <br />. <br /> <br />The carveouts (or checkpoints) for the recovery flow right are the same annual size as, <br />or smaller than, the depletion increments (or checkpoints) for any programmatic <br />opinion on the same level of depletions. The carveout is distributed within any year to <br />protect peak flows, or maximum diversion amounts nre set in Lh.is right to do the same <br />thing. <br /> <br />. <br /> <br />Voluntary (with or without compensation) or federally authorized reoperations (Grand <br />Valley diversions and upstream reservoirs) do not disallow or restrict enforcement of <br />the instream right. <br /> <br />. <br /> <br />The recovery flow right is decreed as an absolute not conditional right, but can be <br />modified at any time under procedures, standards of judicial review, and criteria much <br />as proposed by the State of Colorado in paragraphs 18 and 19 of the April 21, 1998 <br />draft decree. <br /> <br />2 <br />