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<br />"FISH RECOVERY INSTREAM FLOW WATER RIGHTS" <br /> <br />12/95 CWCB applied for 2 water rights and development protection for each segment (Yampa River and 15 Mile Reach): <br /> <br />. Base Flow Water Right <br />. one day senior to Recovery Flow Water Right <br />. not subject to a Carve Out <br />. no Modifiable Portion <br />. Yampa Base Flow encompasses approx. 225 KAF (50% exceedence flows encompass approx. 1.2 <br />MAF) <br />. 15 Mile Reach Base Flow = 868 KAF (50% = 2.1 MAF) <br /> <br /> Ian Feb Mar Apt May Iun Iul Iul Aug Sept Oct Nov Dec <br /> 1-15 16-31 <br />Yampa- 125 175 270 450 1200 750 175 175 125 88 88 150 125 <br />Exceeded. 95% 90% 95% 95% 95% 95% 90% 90% 80% 75% 95% 90% 90% <br />Colorado- 1240 1240 1240 1000 2000 2000 1000 810 810 680 810 1240 1240 <br />Exceeded. 95% 95% 95% 75% 85% 95% 90% 90% 65% 60% 60% 95% 95% <br /> <br />. Carve Outs for future development (to be distributed monthly or seasonally; not part of either <br />water right) <br />. Yampa = 52 KAF additional consumptive use <br />. 15 Mile Reach = 100 KAF additional consumptive use <br />. Monthly or seasonal distribution will assure full development of the Carve Outs is practical <br /> <br />. Recovery Flow Water Right <br />. available flows in excess of the Carve Out for future development <br />. CWCB reserved the right to quantify or more specifically defme these flows as <br />appropriate <br />. Modifiable Portion (to be distributed monthly or seasonally) <br />. Yampa = 72 KAF additional consumptive use <br />. 15 Mile Reach = 300 KAF additional consumptive use <br />. Terms and conditions to be developed during the water court proceedings and included in the decree <br /> <br />. Modification Criteria (may be refined during the water court proceedings): <br />. whether and to what extent failure to modify would deprive the people of Colorado of the <br />beneficial use of water available under interstate compacts; and <br />. whether and to what extent modification would continue to preserve the natural environment, <br />including particularly the environment of the endangered fishes <br /> <br />. Bypass Flow Provision (the CWCB agreed to include the provision being negotiated in the 5-92CW286 <br />case, which is intended to maximize federal agency adherence to the Recovery Program policy of relying upon state law for <br />flow management by rendering the new Recovery Flow Water Rights unenforceable iffederal permit conditions include <br />bypass flow requirements that would reduce the existing yield of existing water projects) <br />