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<br />additional amount, up to a maximum of 173,491 af annually, necessary to reach <br />Colorado's full compact development at the 3.855 maf level. Paragraph 4 water <br />may only be used through modification of the recovery instream flow water right. <br /> <br />3. The amount of Paragraph 3 water is the amount of water physically available for <br />recovery instream flow needs after the "Workgroup's" development allowances <br />which enable Colorado's total consumption under the Colorado River compacts to <br />reach the 3.855 maf level have been utilized. <br /> <br />4. Paragraphs 3 and 4 waters may be defined either in the water right application or <br />by agreement pursuant to the Enforcement Agreement and Board Policy. <br /> <br />Administration: <br /> <br />I. Administration and enforcement of the recovery instream flow water right would <br />not occur until the lower limit of total consumption (an additional 51,772 af <br />annually) has been fully utilized. Administration and enforcement could be <br />delayed further through modifications which allow utilization of paragraph 4 water <br />for development. <br /> <br />2. Paragraph 4 water (an additional 173,491 af annually), would be a part of the <br />recovery instream flow water right and would only be available through <br />modification of the recovery instream flow water right by the Board. <br /> <br />3. All consumptive uses, regardless of whether they are junior or senior, which have <br />been developed or develop after the date of appropriation of the recovery instream <br />flow will have to be identified and records kept in order to determine when the <br />51,772 af and the 173,491 af development allowance carve outs have been used <br />up. The Division Engineers would need to monitor stream flows, diversions and <br />total consumptive use for all water rights and users. As always, the development <br />of senior conditionals could fully utilize the entire carve out and impair the ability <br />of any junior conditionals to develop by decreasing the water available to them <br />(i.e. their yield). <br /> <br />4. It seems to be preferable to have the decree define Paragraph 3 and 4 water, if <br />any, and the process or procedure for modifying them. <br /> <br />5. While nothing is specifically proposed at this point, it may desirable to use either <br />a running average or some type of prospective administration which would allow <br />some smoothing of the annual variations in depletions. <br /> <br />a:\alt1.rev <br /> <br />1-3 <br />