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<br />recommended by the Workgroup be reserved as Paragraph 4 water and distributed <br />as outlined on the basic data sheet (Table Ie). <br /> <br />Application: <br /> <br />1. File on all unappropriated "flows in to the Yampa River at the Maybell stream <br />gage, except for the flows carved out to allow for an additional 51,772 af of future <br />depletions". The intent is to allow for total depletions in the Yampa Basin above <br />the Maybell gage in the amount of 164,572 af under this first carve out. This <br />carve out is to be distributed over the course of the year on a daily basis that is <br />consistent with the goal of maintaining a relatively natural hydrograph (Table lc). <br />The unused portion of the 164,572 af carve out (51,772 at) will be subtracted <br />from the total gaged flow in order to arrive at the instream flow level which the <br />water right will seek to protect. This is known as the top\down approach and is <br />designed to protect the natural day to day variation in the hydrograph. <br /> <br />Example: <br />This example assumes that the remaining portion of the <br />164,572 af carve out is 51,772 af which for October, <br />eqnates to a flow of 59 cfs per day. The average monthly <br />river flow for October, 1990 was 144 cfs. <br /> <br />144 cfs - 59 cfs = 85 cfs instream flow <br /> <br />If the carve outs were added from the bottom up, rather than subtracted from the <br />top of the hydro graph down, there is a potential for getting a stair stepped result <br />which is deemed to be undesirable by the Service. <br />2. The total instream water right could be increased by reducing the first carve out <br />to the Service Environmental Baseline. The Environmental Baseline provides for <br />a total carve out of 142,820 af as opposed to the 164,572 identified by the <br />Workgroup. <br />3. The instream flow appropriation is then divided into Paragraphs 3 and 4 water <br />pursuant to the Enforcement Agreement. Paragraph 4 water is defmed as the <br />additional water that may be carved out of the instream flow appropriation which <br />would allow a total consumptive use in Colorado of 3.855 maf. In the example <br />used above, and keeping everything on a constant cfs per day basis, Paragraph 4 <br />water would equal an additional 99 cfs/day (6072 af of the 173,491 af\year). <br />Paragraph 3 water would then be determined by subtracting the 99 cfs\day of <br />Paragraph 4 water from the 85 cfs\day recovery instream flow, the result being no <br />Paragraph 3 water. <br />4. Paragraph 3 and 4 water may be defined either in the water right application or <br />by subsequent agreement made pursuant to the Enforcement Agreement and Board <br />Policy. It will be extremely important to carefully defme the shape of the carve <br />outs so that they provide some water for development at most all times and still <br /> <br />III-2 <br />