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<br />. <br /> <br />. <br /> <br />. <br /> <br />Attachment 1 - continued <br /> <br />for the protection of the four endangered fish species of the Upper <br />Colorado River Basin (the listed species) . <br /> <br />5. Amount of water claimed in cubic feet per second (absolute): <br /> <br />The water right claimed in this application is referred to as <br />the "base flow water right." The base flow water right is for the <br />amounts in cfs shown in the following table or the flows actually <br />available, whichever is less: <br /> <br />Jan Feb Mar Apr May Jun Jul(1-15) Jul(16-31) Aug Sep Oct Nov Dee <br />1240 1240 1240 1000 2000 2000 1000' 810' 810' 680' B10 1240 1240 <br /> <br />* 581 cfs of this amount previously filed for in Case No. <br />92CW286. The rights decreed in Case No. 92CW286 and this case <br />together shall not exceed the amounts shown in this table. <br /> <br />6 . Remarks: <br /> <br />a. This base flow water right is being appropriated in <br />conjunction with a "recovery flow water right," applied for in a <br />related application, to preserve the natural environment for the <br />benefit of the listed species 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 base flow water right is one day senior to the <br />recovery flow water right. <br /> <br />b. This appropriation is made pursuant to the provisions of <br />!l !l 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 this 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 />River and Upper Colorado River Basin Compacts. Nevertheless, <br />preservation of the natural environment to a reasonable degree <br /> <br />2 <br />