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<br />. Memo to Colorado Water Conservation Board <br />From Peter Evans and E.I.Jencsok <br />December 5, 1995 <br />Re: Endangered Fish Instream Flow Water Rights, "15 Mile Reach," Colo. River <br />Page 7 <br /> <br />. <br /> <br />. <br /> <br />I. Base Flow Water Right <br />A. Appropriation Date -- December 13, 1995. <br />B. Location - As described in the Final Notice date November 15, 1995. <br />C. Amount Claimed --As described in the Final Notice or as subsequently modified by <br />the Board. <br />D. The Base Flow will be subject to Paragraph 3 of the September 21, 1993 <br />Enforcement Agreement and will not be modified without the concurrence of the.. I <br />Service. W b'RD~ <br />E. The Base Flow will not be subject to the Carve Out. 0 t- 2\,0 <br /> <br />II. Recovery Flow Water Right <br />A. Appropriation Date - December 14, 1995 or at least l-day junior to the Base Flow <br />Water Right. <br />B. Location - As described in the Fmal Notice dated November 15, 1995. <br />C. Amount Claimed -The flows remaining after the Carve Out is in full uSc:1(if the <br />Board chooses numeric values, terms and conditions which reflect a frequency of <br />enforcement consistent with the Service's recommendations will need to be <br />developed). <br />D. 300,000 acre feet of the right will be modifiable iIi accordance with Paragraph 4 of <br />the Enforcement Agreement and should be distributed on a monthly basis during the <br />year. The: 366,009 Iiefl\ f~l thdt.u~ 1lludifiAbh.. >val b.. ~ubj~1 tu. <br />E. The remainder of the right will be subject to Paragraph 3_~ 811\ ~Oe.~ <br />~~ <br />III. Findings on Modifiability: <br />A. The Board was created to aid in the protection and development of the waters of the <br />state and has a statutory duty to promote the conservation of the waters of the state in <br />order to secure the greatest utilization of such waters. <br />B. It is the statutory responsibility of the Board to correlate the activities of mankind <br />with some reasonable preservation of the natural environment. <br />C. The Board is not authorized to make appropriations that would deprive the peopl~ of <br />Colorado of the beneficial use of those waters available by law and interstate <br />compact. <br />D. In order to correlate the activities of mankind with the reasonable preservation of the <br />natural environment and to avoid depriving the people of Colorado of the beneficial <br />use of waters available under interstate compacts, the Board intends to appropriate a <br />"Recovery Flow Water Right"lIDb!-if it is modifiable in the amount determined by <br />the Board and in accordance with,the criteria and procedures determined by the <br />Board. <br />E. The Board finds that the appropriation of a "Recovery Flow Water Right" which is <br />