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<br />o <br />o <br /><-::> <br />.- <br />CO <br />~ <br /> <br />which portion of each fish recovery in stream flow is controlled by paragraphs 3 and 4 of the <br />Board's Enforcement Agreement with the Service. Paragraph 3 of the Enforcement Agreement <br />controls that portion of an instream flow water right, if any, which does not impinge upon the <br />Board's estimated "development projection" for the subbasin(s) which would be affected. <br />Paragraph 4 of the Enforcement Agreement controls that portion of an instream flow water right <br />which may be subject to modification, based on resolvement of scientific uncertainty and <br />uncertainties concerning Colorado's use of its compact entitlement. Prior to any changes, the <br />Service will be consulted. The staff will consider the following factors in recommending to the <br />Board which portion shall be controlled by paragraphs 3 and 4: <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 unu~ 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 in stream 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 <br />the basin, <br />- Staff recommendation for fish recovery instream 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 />5 <br />