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<br />e <br /> <br />e <br /> <br />e <br /> <br />- The level of assurance that the flow recommendations are based on the best scientific data, <br />information and technical studies; <br />- The level of assurance with which the "reasonably foreseeable development" needs can be <br />assessed; <br />- The level of assurance with which Colorado's compact apportionment can be determined and <br />the distribution of Colorado's remaining unused apportionment within the various subbasins; <br />and <br />- The ability to administer the flow recommendation. <br /> <br />Because of the broad range of uncertainties involved in this analysis, the staffs recommendation <br />will require considerable consultation with interested parties and may be based on professional <br />judgement. <br /> <br />Appropriation Process <br /> <br />Recommendations for fish recovery instream flow appropriations will be prepared and presented <br />to the Board pursuant to the Board's Instream Flow Rules and Regulations. The following data <br />will be presented in the Preliminary and Final Notice: <br /> <br />- U.S. Fish and Wildlife Service recovery flow recommendations, <br />- Evaluation of those flow recommendations by the Board and Division staffs, <br />Physical availability of water for the recommended stream segment, <br />- "Reasonably Foreseeable" water needs for the subbasin within or upstream of the <br />recommended stream segment, <br />- Compact "development projections" in or above the recommended stream segment or for the <br />basin, <br />- Staff recommendation for fish recovery jnstream flow appropriation based on the above <br />factors, and <br />Staff recommendation for the amount of the appropriation controlled by paragraphs 3 and <br />4 of the Enforcement Agreement. <br /> <br />Distribution of the information and public noticing process will be pursuant to the Rules and <br />Regulations. In approving the Final Notice, the Board will make the findings required by State <br />statute and the Instream Flow Program's Rules and Regulations. In addition, the Policy requires <br />a finding that the appropriation or acquisition is for the benefit of the endangered fishes of the <br />Upper Colorado River Basin, and that the Enforcement Agreement between the Service and the <br />Board concerning the enforcement and protection of water and water rights will apply to it. <br /> <br />Technical Studies <br /> <br />Regarding the necessary hydrologic studies on the physical and legal water availability, the Board <br />staff developed a Plan of Study which closely follows the tasks and schedules for water-related <br />activities included in the RlPRAP. Prior to the Board proceeding with a Preliminary or Final <br /> <br />4 <br /> <br />COW 0375 ) <br />