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<br />assure that there is adequate water in the river to satisfy the needs of the <br />endangered fish at all times regardless of hydrology. Please note that carve outs <br />based on a demand driven distribution pattern will utilize more direct flows thus <br />leaving fish flows short during the dry heavy water use months like August and <br />September. Distribution patterns driven by the hydrologic distribution which <br />occurred during a dry year, like 1977, will leave water available for most all <br />purposes year round and will short the peak flows. Frequent and persistent <br />shortages under either distribution demonstrate a clear need for additional storage. <br />5. Both the first carve out! and the Paragraph 4 carve out (referred to as the <br />modifiable portion of the water right or compact development carve out) are <br />available for development under either junior water rights or through perfection <br />of senior conditional water rights. <br />6. It may be necessary to set a lower instream flow limit which can not be violated <br />by any junior development that occurs under the suggested carve outs in order to <br />protect against a complete dry-up of the river during drought periods to the extent <br />possible with the recovery instream flow water right. <br />7. The application may also specify the use of a lO-year running total, or other <br />appropriate compact administration scheme which may ultimately be adopted, to <br />determine when the level of consumptive use defined by a carve out has actually <br />been achieved. A 10-year running average for the "compact development" carve <br />out is recommended given the manner in which the compacts are worded, the <br />variability in consumptive use from month to month and year to year, and the <br />amount of time required to compute consumptive use on a monthly and annual <br />basis. It would also help people determine in advance when a call might actually <br />occur. <br /> <br />Administration: <br /> <br />I. Administration of a carve out is done in the form of a blanket subordination with <br />respect to new junior water rights. Most likely the carve out\subordination would <br />be defined on a monthly basis in terms of a volume which would be defmed as <br />a percent of the annual volume described in the workgroup report. Senior <br />conditionals would develop under their own priorities and no subordination to <br />seniors would be required. No call for administration would be made until the <br />carve outs are used up on either a monthly or annual basis as defined in the <br />application or other appropriate document. Once the Division Engineer determines <br />the first carve out has been used up, notice and confirmation of the decision will <br />occur. The Board and Service may then elect to utilize all or portion of the <br />second carve out by modifying the recovery instream flow right. If no <br />modifications are made, junior users would then be expected to fully augment their <br />depletions or be shut off. <br /> <br />I This is also known as reasonable foreseeable development projection carve out and the fish carve out. <br /> <br />III-3 <br />