WSPC06001

• File Number: 8240.200.30.B
• Description: ISF Filings for Endangered Fish in 15-Mile Reach ‎(UCRBRIP)‎
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 10/20/1995
• Title: Instream Flow Filings ‎(not case specific)‎ Special Board Meeting
• Water Supply Pro - Doc Type: Board Memo

Memo to Colorado Water Conservation Board Members
From: Peter Evans and Gene Jencsok
Date: October 17, 1995
SUBJECT: Agenda Item 2, October 20, 1995 Board Meeting
Endangered Fish Recovery ISF Water Right - Colorado River (Mains tern)

Page 10

The Recovery Flow Water Right should be for all remaining water or in the alternative, for the
25% Exceedance Flow minus the Base Flow during the Runoff and Non Runoff months, except
for a development allowance.

A total development allowance, ranging from approximately 100,000 af to 242,000 af should be
provided to allow development ofColorado~s unused compact apportiorunent The development
allowance should consist of a Carve Out and a Modifiable Portion (Paragraph 4).

The Carve Out consisting of approximately 100,000 af should be distributed on the following
monthly basis:
Month Oct Nov Dec Jan Feb Mar Apr May Jun Jut Aug Sep
crs 121 75 77 81 93 97 220 183 189 214 173 133

The Recovery Flow Water Right should include a modifiable and a "non-modifiable" portion.
When the monthly increments of the Carve'Out are used up, the Board could convert the
Modifiable Portion (paragraph 4) or part of it, from instream flow protection to consumptive uses
(the Modifiable and "Non-Modifiable" concepts are more fully described in Paragraph 3 and 4 of
the Enforcement Agreement).

The Modifiable Portion, consisting of approximately 142,000 af is distributed on the following
monthly basis:
Month Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
crs 172 106 109 115 132 137 313 260 268 304 245 188

Administration
The Base Flow Water Right should not be subordinated to junior water rights, A call should be
plac;ed whenever the flow at the Palisade gage in the 15 Mile Reach is less than the Base Flow
amount

To administer the Recovery Flow Water Right, the Board should agree to terms and limitations that
would allow the development of the 100,000 afCarve Out (allocated in monthly increments) before
the Board exercises its Recovery Flow Water Right

In addition, the Board should agree to modifY or limit the exercise of ils Recovery Flow Water
Right until at least 142,000 af of additional development (allocated in monthly increments) has
occurred, or until Colorado has reached full compact development under the Colorado River and
Upper Colorado River Basin Compacts.
The terms and conditions under which the 100,000 af Carve Out and the 142,000 af of additional

95C 1498