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<br />
<br />lJ'J~U'Jj
<br />
<br />Utah examined available now protection approaches and determined that the strategy
<br />they will use most commonly 1'1111 be 10 condition lhe approval of presently hied and new
<br />applications, making them subject to predetermined streamflow levels_ To accomplish
<br />this, the State Engineer adds a condition of approval to water-right applications (wFthin
<br />the area) filed after the policy IS adopted The condltlOn states that whenever the flow
<br />01 the Green River (or other streams) drops below the predetermined streamflow level,
<br />then diverSions associated With water rlghlS approved after Ihe condition is Imposed are
<br />prohibited, Based on past legal challenges 10 the State's authority to Impose conditions
<br />associated With new approvals, It was determined that this IS w,thln the authority of the
<br />Slate Engineer ThiS approach does not specifically recognize an Instream.flow nght;
<br />however, it does protect the flows from being diverted (Ind used by subsequently
<br />approved water nghts This approach was adopted as policy by the State Engineer,
<br />The policy requires that presently filed and new apphC(ltions 10 be approved are Subject
<br />10 the summer and fall flow recommendations, As flow recommendatlOns are finalized
<br />and accepted (s,g winter and spnng flows in the Green River), the policy 1'1111 be applied
<br />to address those nows as weU, ThiS str(ltegy 01 conditioning the approval of presently
<br />filed and new appllcalions also may be combined With lhe others listed above and wilh
<br />appropriately contracted reservoir reoperallons
<br />
<br />2,2 II, RESTORE AND PROTECT HABITAT
<br />
<br />Important elements of habltal protection II1clude restoring and managlnQin.channel
<br />!:.a9ital.and historically fiooded bottomland areas, restoring passage to ,,{sto'n"caily
<br />occupied river reaches, prcventing entrarnment at diversion structurcs (ilwarrantedl,
<br />enhancing water temperatures, and redUCing or ehmll1~lIng the impacts 01
<br />contaminants
<br />
<br />Historically, Upper Colorado River Basin floodplains were frequenlly inundated by
<br />spring runoff, but today much of the river IS channelized by levees, dikes, rip-rap, and
<br />tamarisk, Fish access to these fiooded boltomlands has been further reduced by
<br />decreased peak spring flows due to upstream impoundments Numerous studies have
<br />suggested the importance 01 seasonallloodlng to river produclivity, and fiooded
<br />bottom lands have been shown 10 contain large numbers of zooplankton and benthic
<br />organisms, WnerHhe:letr8tnlatS"8'\~ tl'nrl~bfe-,-rar:01'~.'StIci<er-U:leJ"tl),'~e'Jll~rve+y
<br />1or1eedmQ-prror lo-rrnd--tlfter:lpmvnmo, Ilnd m~'Hlba n~Pl'I." ,~d 8nd re!tred-m-':lUe/'p
<br />... . . . - ..~- , -,. .,-,.. .. .. . " .,
<br />~~ - Floodolain areas inundated and tempOrarily connected to the main channel bv
<br />sorino nows aopear to be imoortant habitats for all life slaoes of razorback sucker, and
<br />the seasonal limine 01 razorback sucker reoroduclion SUQeests an adaptation for
<br />utilizinq these habitats. Reslorinq access to these warm and aroductive habitats wo'Gld
<br />provide Ihe orowth and conditionina environments thaI apPlLaLCl:u~iaUoUecovery~Cl.!
<br />self-sustaining razorbac'tsuck,er, populations.....litaddition; COloradl.!p'i_~e~!nD9~ also
<br />~se_t~e~e ,,!.~~~e:~'l9l:!nor t.~ m!~~9.~P~Y".!lI.!!9.i!~~Wnund.ation' of
<br />noodolalli"'habltats, althouoh mas! lmoorlant for razor6aCKSiJCker, would benefi~
<br />native fishes bv orovidinQ orowth and condilionina environments and bvrestorinq
<br />ecolooical orocesses deoendent on oeriodic river-floodolain cOnnections. Restoratlo~,_
<br />of f1oodolain habitats could be achieved throuQh a combination 01 increased oeak.f!Ow?,
<br />prolonged peak:flow duration. lower. bank orf.evfi!e _tleights. and.colJstrucl6l;lJnle_ls,
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