ISFAPP00826

• Case Number: 92CW0286
• Stream Name: Colorado River (15 mile reach)
• Watershed: Colorado River
• Water Division: 5
• Water District: 72
• County: Mesa
• Instream Flow App - Doc Type: Final Decree/Stipulations

(2) shall not apply to changes in operation of
federally owned projects, including div,,:csions,
storage, and releases, to provide water for the
currently listed endangered fishes or their
critical habitat in the Colorado River below its
confluence with Rifle Creek or for fishes listed
or critical habitat designated in the future whose
flow requirements could reasonably be incorporated
into the Recovery Program, so long as such changes
do not reduce the water available for use under
contracts and are consistent with the remaining
provisions of this Decree, and the legally
authori7.ed purposes and decrees governing those
facilit~es continue to be served and satisfied;
and

(3) shall not prevent the utilization of releases,
bypass flows, or other measures where consent
thereto has been provided by the owner or operator
of the project or where the measures are required
under a previously issued authorization for the
project,

B, The water rights decreed in this case shall not be
called or otherwise enforced if any federal agency, for the
currently listed endangered fishes or their critical habitat in
the Colorado River below its confluence with Rifle Creek or for
fishes listed or critical habitat designated in the future whose
flow requirements could reasonably be incorporated into the
Recovery Program, requires the release or bypass of water by an
individual or entity operating an exchange by a project meeting
the requirements of paragraph A,

C, In the case of a project which does not meet the
requirements of paragraph A, if:

(1) the Recovery Program does not provide a reasonable
and prudent alternative for the pr0ject;

(2) the Recovery Program cannot be restored or amended
to serve as a reasonable and prudent alternative
for the project; and '

(3) the reasonable and prudent alternative developed
for the project is (a) consistent with the
project's intended purpose, (b) within the lead
federal agency's legal authority and jurisdiction
to implement, (c) economically and technologically
feasible, and (d) consistent with the remaining
provisions of this Decree,

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