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<br />. <br /> <br />Memo to Colorado Water Conservation Board <br />From Peter Evans and E.l.Jencsok <br />December 5,1995 <br />Re: Endangered Fish Instream Flow Water Rights, "15 Mile Reach," Colo. River <br />Page 5 <br /> <br />. <br /> <br />River," Colorado River Basin Hydrology, the range of Colorado's compact apportionment, <br />Colorado's current consumptive use of Colorado River water, the range of Colorado's unused <br />compact apportionment, and possible distribution of the unused apportionment. The Workgroup <br />report also went through a public peer review process which resulted in some changes to the <br />report for the purpose of added clarification. There were no substantive changes to the report as <br />a result of the peer review process. In addition to the joint meetings of the Board and Workgroup, <br />the Board has considered drafts of the report at several Board meetings the most recent being the <br />special Board meetings on October 10 and 20, 1995. <br />Based on the Workgroup report, the 1111811. 1 111 n II. . U:>..~ .1 11:.: IIJ.- JllfJ.1f <br />for appropriation for endangered fish recovery instream flow purposes. Depending upon ' <br />assumptions made concerning the Law of the River and water supply, Colorado's estimated <br />consumptive use entitlement is between 3.079 and 3.855 million acre feet, or 28% to 35%, of the <br />10.8 million acre feet of water from the Colorado River and its tributaries arising in Colorado. <br />Currently, Colorado is consumptively using about 2.6 nilllion acre feet. As a result, instream <br />flows for endangered fish recovery purposes can be appropriated without depriving the people of <br />Colorado of the ability to fully develop the remaining compact apportionment <br /> <br />. <br /> <br />INSTREAM FI,OW ALTERNATIVES <br />During the course of the Board's deliberations, it has considered several options for the <br />appropriation and administration of instream flow water rights for the endangered fish. A <br />nmnber of alternatives were first presented to the Board at the July 5, 1995 Workshop in Denver. <br />From the possible altematives presented at.the Workshop, three preferred alternatives were <br />carried forward for further consideration. These three alternatives have been discussed and <br />refined at Board meetings and workshops since then. The recommended format presented below <br />is a combination of ideas from the~.a1ternatives. <br />tn.. __~","~l,..AJL..:', :,_~Iill,f, Il~,J:llJ.. IT.lL l ~IJ.,..; "Base Flow Water <br />Right" and a "Recovery Flow Water Right." The Base Flow Water Right would be for the <br />amounts indicated in the Final Notice; it would be at least one day senior to the Recovery Flow <br />Water Right and would not be subject to any future development allowance. It would be treate~ : <br />as Paragraph 3 water under the Enforcement Agreement. t~~ f'v\(o.r...~~, <br />The Board would identify a consumptive use Carve Out for fu development in the :p""b~ <br />amount of 100,000 AF, distributed on a monthly basis. The Carve Ou would provide adequate <br />opportunities for Colorado water users to fully develop Colorado's cofupact apportionment under <br />the Colorado River and Upper Colorado River Basin Compacts. The Carve Out should be fully <br />developed before the Recovery Flow Water Right is administered. . <br /> <br />"_ , ",:, ~:: '_ _ _ "'_,, ..-. __' _> " ' _ , s . ,,~. <br />s~nior co~ditforiar~~t~i";rgll&beyond that which <br /> <br /> <br />is imposed by the compacts. <br />The Board should seek a Recovery Flow Water Right appropriation quantified according <br />