WSP01478

• File Number: 8240.200.40.H
• Description: Yampa
• State: CO
• Basin: Yampa/White
• Water Division: 6
• Date: 12/13/1995
• Title: Instream Flow Filings for Endangered Fish in the Yampa - Special Meeting
• Water Supply Pro - Doc Type: Board Memo

Memo to Colorado Water Conservation Board Members
From Peter Evans and E.I. Jencsok
Date: December 5, 1995
Re: Endangered Fish Instream Water Rights for the Yampa River
Page 6

the Colorado River and Upper Colorado River Basin Compacts. The Carve Out should be fully
developed before the Recovery Flow Water Right is administered. Development by both senior
conditional and junior water rights may be counted against the Carve Out. However, this
accounting will in no way limit development of senior conditional water rights beyond that which
is imposed by the Compacts.
The Board should seek a Recovery How Water Right appropriation quantified according
to one of the two methods indicated in the Final Notice. In either case, the first 72,000 acre feet
(to be distributed on a monthly basis) of this water right 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 administration of this right and assure that it will not be
enforced until the 52,000 acre foot Carve Out is in full use. The remainder of the Recovery Flow
Water Right would be treated as Paragraph 3 water under the Enforcement Agreement.

CONSULTATIONS
During development of this recommendation, staff has consulted with numerous parties,
including the Colorado State Engineer's Office, the Division Engineer, the Colorado Division of
Wildlife (CDOW), the Colorado Attorney General's Office and the Service.
The CDOW has reviewed the Service's flow recommendations and has advised the Board
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 ISSUES
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 How - Should the amount be numeric or for the flows remaining after the Carve
Out is fully developed?
. 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
and fish recovery flow factors?

BOARD ACTION/STAFF RECOMMENDATIONS
We recommend that the Board appropriate two instream flow water rights on the Yampa