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<br />. <br /> <br />. <br /> <br />Draft <br />9/21/95 <br /> <br />COLORADO WATER CONSERVATION BOARD <br />RECOVERY INSTREAM FLOW APPROPRIATION OPTIONS <br /> <br />Option III <br /> <br />Yampa River Instream Flow Appropriation <br /> <br />Concept <br /> <br />An instream flow right consisting of all available flow, except for a development <br />allowance, is appropriated. <br /> <br />The development allowance (Carve Out I) is reserved for water rights junior to the ISF <br />appropriation and is not included in the appropriation. <br /> <br />The junior water rights under the development allowance will not be called out by the <br />instream flow right. <br /> <br />A second development allowance (Carve Out II) is provided for development in excess <br />of Carve Out 1. <br /> <br />When the first development allowance (Carve Out) is used up on either a monthly or <br />annual basis, the Board may modify the second development allowance from instream <br />flow uses to consumptive uses. <br /> <br />The ISF right consists of all flow in excess of the development allowance (Carve Out <br />.Q and consists of two components: <br /> <br />1) A non-modifiable portion (Paragraph 3) which consists of water that <br />must flow out of Colorado because of compact obligations, and <br /> <br />2) A modifiable portion (Paragraph 4) which maybe modified by the Board <br />from ISF uses to development uses. The modifiable portion is a <br />second level of development allowance (Carve Out II) which will be <br />available for future consumptive uses. This second development <br />allowance is part of the ISF right and can only be used if the Board <br />modifies it from ISF uses to consumptive uses. <br />