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<br />. <br /> <br />. <br /> <br />. <br /> <br />" <br /> <br />'-ri <br /> <br />Atachment 1 - continued <br /> <br />Conservation Board's approval of the staff's final recommendations <br />as modified by the Board at the Board's special meeting on December <br />13, 1995, subsequent to requesting and considering flow <br />recommendations from the U.S. Fish and Wildlife Service (Service) <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 />a. The water right claimed in this application is referred <br />to as the "recovery flow water right." The recovery flow wat.er <br />right. will consist of the available flow remaining in the Yampa <br />River after development of 52,000 acre-feet of consumptive use (the <br />"carve out."). The recovery flow wat.er right. may be modified t.o <br />increase the carve out by up to an additional 72,000 acre-feet. <br />The Board reserves t.he right to quantify or more specifically <br />define t.he flows in t.he recovery flow water right as appropriate. <br />The carve out. may be increased by more t.han 72,000 acre-feet if the <br />St.at.e of Colorado should determine that. ,more, t.han 3.855 million <br />acre-feet of water is available annually under the Colorado River <br />and Upper Colorado River Basin Compacts. <br /> <br />b. The recovery flow water right will have two components: <br />a modifiable component and a non-modifiable component. 72,000 <br />acre-feet of the recovery flow water right (t.o be distributed on a <br />monthly or other periodic basis) shall be modifiable pursuant to <br />paragraph 4 of the "Memorandum of Agreement Between the United <br />States Department of the Interior Fish and Wildlife Service and the <br />Colorado 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 sole <br />discretion, pursuant. to specified criteria and procedures, without <br />the concurrence of the Service in order to make water available for <br />consumptive use by junior water rights. <br /> <br />c. The Board has det-ermined that it is necessary that. 72,000 <br />acre-feet of the recovery flow water,rigtt be modifiable to avoid <br />depriving the people of Colorado of the beneficial use of water <br />available under t.he Colorado River Compact and the Upper Colorado <br />River Basin Compact. The Board's intent to appropriate a recovery <br />flow water right is conditioned upon 72,000 acre-feet of the <br />decreed annual flow being subject. t.o modification in accordance <br />with 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 t.o, modify 72,000 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. <br /> <br />The Board has further determined that paragraph 3 of the <br /> <br />2 <br />