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<br />, -- <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />Attachment 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 />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 <br />125 <br /> <br />Feb Mar Apr May Jun Jul <br />175 270 450 1200 750 175 <br /> <br />Dee <br />125 <br /> <br />Sep Oct <br />88 88 <br /> <br />Aug <br />125 <br /> <br />Nov <br />150 <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 Yampa River, <br />pursuant to the Recovery Implementation Program for Endangered Fish <br />Species in the Upper Colorado River Basin (Recovery Program). The <br />base flow water right is one day senior to the recovery flow water <br />right. <br /> <br />b. This appropriation is made pursuant to the provisions of <br />!i !i 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 />