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<br />Attachment 1 - continued <br /> <br />. <br /> <br />Colorado River Basin (the listed species) . <br /> <br />5. Amount of water claimed in cubic feet per second (absolute): <br /> <br />a. The water right claimed in this application is referred <br />to as the "recovery flow water right." The recovery flow water <br />right will consist of the available flow remaining in the IS-mile <br />reach after develppment of 100,000 acre-feet of consumptive use <br />(the "carve out"). The recovery flow water right may be modified <br />to increase the carve out by up to an additional 300,000 acre-feet. <br />The Board reserves the right to quantify or more specifically <br />define the flows in the recovery flow water right as appropriate, <br />not to exceed the flows recommended by the Service. The carve out <br />may be increased by more than 300,000 acre-feet if the State of <br />Colorado should determine that more than 3.855 million acre-feet of <br />water is available annually under the Colorado River and Upper <br />Colorado River Basin Compacts. <br /> <br />. <br /> <br />,b. The recovery flow water right will have two components: <br />a modifiable component and a non-modifiable component. 300,000 <br />acre-feet of the recovery flow water right (to be distributed on a <br />monthly Dr Dther periodic basis) shall be modifiable pursuant to <br />paragraph 4 of the "MemDrandum Df Agreement Between the United <br />States Department of the Interior Fish and wildlife Service and the <br />ColDradD Water Conservation Board Concerning the Enforcement and <br />Protection of Water and Water Rights,- dated September 21, 1993 <br />(Enforcement Agreement). The modifiable, portion of the recovery <br />flow water right may be modified by the Board, in its sDle <br />discretion, pursuant to specified criteria and procedures, without <br />the concurrence of the Service in order tD make water available fDr <br />consumptive use by junior water rights. <br /> <br />c. The Board has determined that it is necessary that <br />300,000 acre-feet Df the recovery flow water right be modifiable to <br />avoid depriving the people of Colorado of the beneficial use Df <br />water available under the Colorado River Compact and the Upper <br />Colorado River Basin Compact. The Board's intent to appropriate a <br />recovery flow water right is conditionedupon"300~OOO:a:cre-feet of <br />the decreed annual flow being subject to modificatiDn in accordance <br />with the criteria and procedures acceptable to the Board, to be <br />included in the decree. If it'is determined that the Board is not <br />entitled to modify 300,000 acre-feet of the recovery flow water <br />right in accordance with such criteria and procedures, then the <br />Board does not intend to appropriate any portion of the recovery <br />flow water right, and this application shall be deemed withdrawn <br />and any decree entered shall be void. <br /> <br />d. The Board has further determined that paragraph 3 of the <br />Enforcement Agreement will apply to the remaining portion of the <br />recovery flow water right, which portion may not be modified by the <br />Board without the concurrence of the Service. <br /> <br />. <br /> <br />2 <br />