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. . . Memo to Colorado Water Conservation Board From Peter Evans and E.I.Jencsok December 5,1995 Re: Endangered Fish Instream Flow Water Rights, "15 Mile Reach," Colo. River Page 6 to one of two methods as shown in the Final Notice. In either case, however, the first 300,000 acre feet of the right (to be distributed on a monthly basis) should be modifiable in order to assure that Colorado can fully develop its compact apportionment (paragraph 4 water under the Enforcement Agreement). In addition, the Board should develop terms and conditions during the water court proceedings to guide the ~t1ministration of this right and assure that it will not be enforced until the 100,000 acre foot Carve Out is in full use. The remainder of the Recovery Flow Water Right will be treated as Paragraph 3 water under the Enforcement Agreement. CONSULTATIONS During development of the noticed instream flow appropriation on the Colorado River, the staff has consulted with numerous parties, including the Colorado State Engineer's Office, the Division Engineer, the Colorado Division of Wildlife, the Colorado Attorney General's Office and the U.S. Fish and Wildlife Service. iIlli8IIfi . A*". .. . ~ .. ---or -11" I fT 1 Lr;~ ." . -"-'.'~ . ....,J\WL .' . .. . . that those recommendations are based upon the best available data and scientific methods. Also, the Board has received many comments regarding the instream flow appropriation alternatives. These comments and recommendations have been taken into consideration in formulating the final staff recommendation. KEY DECISION ISSUE.'l The Board may need to make decisions on the issues described in Attachment 1 before taking action on the staff recommendation. Key decisions that need to be made by the Board are listed below: ~ Base Flow - Is the amount acceptable? ~ Recovery Flow - Should the amount be numeric or for the flows remaining after the Carve Out11~ .().o"'o ~ ~ Carve Out - Are the amount and distribution acceptable? Are junior and senior water rights addressed appropriately? ~ Modifiable Portion - Are the magnitude and distribution acceptable? ~ Modification Criteria - Should the criteria address compact issues only or compact issues mll1 fish recovery flow factors? BOARD ACTIONIST AFF RECOMMEND A TIONS We recommend that the Board appropriate two instream flow water rights for the 15 Mile Reach to conserve and recover the listed endangered fish pursuant the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin. The fIrst is the "Base Flow Water Right" and the second is the "Recovery Flow Water Right." It.'~ I ','''In ~LI Jl 1I.l"ll.T.'_n.JIDiIiI-'-~'~~;~~ tal../.) Cl::{\ rro{Jr ~