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. . . ,; Attachment 1 - continued to proceed in accordance with interstate compacts. The Board is not authorized to make appropriations that would deprive the people of Colorado of the beneficial use of waters available by law and interstate compact. To assure that this appropriation does not deprive the people of Colorado of the beneficial use of compacted water, the Board has determined that the recovery flow water right shall be for available flows in excess of a carve out for future development of 52,000 acre-feet of consumptive use annually, to be distributed on a monthly or other periodic basis, and has further determined that 72,000 acre-feet of the decreed annual flow shall be modifiable to increase the carve out. The recovery flow water right will not be administered as against junior rights until new development under senior conditional rights and junior rights exceeds 52,000 acre-feet of consumptive use annually, as it may be distributed on a monthly or other periodic basis. Water rights decreed absolute as of the date of filing of this application will not be counted as depletions of the carve out. e. In determining whether to modify the modifiable portion of the recovery flow water right, the Board will base its decision on whether and to what extent failure to modify would deprive the people of Colorado of the beneficial use of water available under interstate compacts and whether and to what extent modification would continue to preserve the natural environment, including particularly the environment of the listed species, to a reasonable degree. The decree entered in this case shall set forth the criteria and procedures for modification to increase the development carve out. f. The decree in this case will provide that it cannot be used as the basis for an objection to future changes of water rights or upstream exchanges of water rights, so long as such changes or exchanges do not cause material injury to the water rights decreed herein. To the extent that such changes or exchanges do not result in any increase in historical consumptive use, which in the case of changes involving conditional water rights will be determined based on the contemplated draft of such rights a't the original point of diversion, there will exist a presumption of no injury. Furt'hermore,,' the quantities of water associated with noninjurious changes and exchanges will not result in a reduction of 'either the carve out of water for future development or the modifiable portion of this decree. To the extent that changes or exchanges would cause material injury to the water rights decreed herein, they will be treated like junior water rights under the carve out and modifiability provisions of this decree. g. The Recovery Program is generally intended to provide the means of compliance by existing and future water projects with the Endangered Species Act, thereby avoiding the imposition of bypass flows and other regulatory requirements. The adjudication of the recovery flow water right will contribute to sufficient progress 4 ..................-.........-- .--.