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<br />. <br /> <br />. <br /> <br />. <br /> <br />. ,~ . <br /> <br />Attachment 1 - continued <br /> <br />6. <br /> <br />Remarks; <br /> <br />a. This recovery flow water right is being appropriated in <br />conjunction with a "base flow water right," applied for in a <br />related application, to preserve the natural environment for the <br />benefit of the listed sFecies and their habitat in the Colorado <br />River, pursuant to the Recovery Implementation Program for <br />Endangered Fish Species in the Upper Colorado River Basin (Recovery' <br />Program). The recovery flow water right is one day junior to the <br />base flow water right. <br /> <br />b. This appropriation is made pursuant to the provisions of <br />~ ~ 37-92-102 (3) and 37-92-103 (3), (4), and (10), C.R.S. (1990). <br />The purpose of this appropriation by the State of Colorado is to <br />preserve the natural environment to a reasonable degree. The Board <br />has determined that the natural environment will be preserved to a <br />reasonable degree by the water available for the appropriation to <br />be made; that there is a natural environment that can be preserved <br />to a reasonable degree with the Board's water right if granted; and <br />that such environment can exist without material injury to water <br />rights and without depriving the people of Colorado of the <br />beneficial use of those waters available by law and interstate <br />compact, subject to the conditions included in the application. <br /> <br />c. The amount of water necessary to preserve the natural <br />environment to a reasonable degree is necessarily complex in this <br />particular situation. While considerable scientific information <br />has been gathered, which information is sufficient in the <br />determination of the Board to allow the Board to make this <br />appropriation at this time, there remains some uncertainty as to <br />the amount of water which can be appropriated by the Board without <br />depriving the people of Colorado of the beneficial use of those <br />waters available by law and interstate compact under-the Colorado <br />Ri ver and Upper Colorado River Basin Compacts. Nevertheless,- <br />preservation of the natural environment to a reasonable degree <br />requires action at this time in order to allow recovery of the <br />listed species and to avoid any unnecessary interference with water <br />development by federal regulation,under ,tQe :<Endangered Species Act. <br />The Recovery Program contemplates continued research on the water <br />requirements of the listed species and the Board contemplates <br />further hydrological investigation into the availability of water <br />for beneficial use under the compacts. The Board has determined <br />that this situation requires the present appropriation of this <br />water right, subject, however, to its possible future modification <br />by subsequent Board action. <br /> <br />d. The purpose of Recovery Program is to recover the listed <br />species while allowing water development in the Upper Basin states <br />to proceed in accordance with interstate compacts. The Board is <br />not authorized to make appropriations that would deprive the people <br />of Colorado of the beneficial use of waters available by law and <br />interstate c?mpact. To assure that this appropriation does not <br /> <br />3 <br />