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<br />C:;':l <br /> <br />- Level of assurance with which Colorado's compact apportionment can be determined and the <br />distribution of Colorado's remaining unused apportionment within the various subbasins; and <br />- Ability to administer the flow recommendation. <br /> <br />,:) <br />I"" <br />-.:l <br />,..., <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 lnstream 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 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 />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 RIPRAP. Prior to the Board proceeding with a Preliminary or Final <br />Notice of instream flow recommendations, the Board staff will conduct a range of technical <br />studies as required by the Policy, These include: <br /> <br />I. Physical Water Availability Study <br />II. Estimating "Reasonably Foreseeable Development Water Needs" <br /> <br />6 <br />