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<br />2. <br /> <br />With respect to the first carve out, or fish carve out as it is sometimes referred, <br />this may essentially delay real time administration until the point when Colorado <br />nearly reaches full compact development at the 3.079 mar level. Until that time <br />administration is merely a paper accounting. <br />If the second carve out is used up prior to full compact development, notice of <br />such would again be given by the Division Engineer. There could be no further <br />modification of the recovery instream flow right unless specifically recommended <br />by the Service. The determination of actual consumptive uses at this point would <br />become fairly intensive and critical to overall water right administration. <br />All consumptive uses, regardless of whether they 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 />various carve outs have been used up. The Division Engineers would need to <br />monitor flows, diversions and consumptive use for all water users. As always, the <br />development of senior conditionals could fully utilize the entire carve out and <br />impair the ability of any junior conditionals to develop by decreasing their yields. <br />Each proposed change of water right regardless of whether or not such is junior <br />or senior to the recovery instream flow will have to be evaluated for potential <br />injury and any potential injuries mitigated. <br />If required, a IO-year running average would be computed on a monthly and <br />annual basis. The 10-year running monthly average would become the basis for <br />determining whether or not a carve out has been used up and whether or not a call <br />would be placed during the forthcoming corresponding period. So long as the 10- <br />year running average of depletions remains below the specified carve out, no call <br />for administration will be made. Once the 10-year running average of depletions <br />equals or exceeds a carve out, a call for water right administration would be <br />placed, unless a modification of the recovery instream flow is made. <br />Alternatively, consumptive use accounting could be done once with fixed <br />representative values, as done for plans of augmentation. This may work fine for <br />purposes of administration under the first carve out until it becomes necessary to <br />determine whether or not it has been used up or modifications to the recovery <br />instream flow. <br /> <br />3. <br /> <br />4. <br /> <br />5. <br /> <br />C:\RANDY\ESA WRIII.795 <br /> <br />III-4 <br />