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<br />.... -It <br /> <br />.' <br /> <br />! <br /> <br />potential will not be constrained in the next several years or decades. Later <br />information may reveal a need to modify these rights in order to avoid unreasonable <br />interference with opportunity to develop compact entitlement. <br /> <br />4. It is recognized that these rights are needed in an extraordinary context: the near <br />term emergency-like need to recover the endangered fish species and to implement <br />the fish recovery program as contemplated by the Cooperative Agreement. While <br />modification of the Board's instream flow rights may be available under law as a <br />general maUer, it is explicitly contemplated that there will probably be a need for <br />modification in this case. These rights would be appropriated with the specific intent <br />that they are subject to future modification. <br /> <br />5. It is recognized that the determination that must be made by the Board in order <br />to support future modification of these rights is essentially the same as that made for <br />their initial appropriation, namely whether the rights appropriated are needed to <br />preserve the natural environment to a reasonable degree based on the totality of the <br />available information and current circumstances. It is very possible that future <br />scientific information will not be conclusive as to the quantities of flow required. <br />Based on the best information available and based on its judgement concerning <br />compact development opportunities or other water management and planning <br />considerations, the Board may determine to modify these rights. <br /> <br />6. In order to ensure consideration of all these factors, the board will review these <br />appropriations at least every five years. Specifically, the Board shall review these <br />rights to determine whether: a) they are needed to preserve the natural environment <br />to a reasonable degree, b) they provide a benefit for the recovery of the four fishes, <br />and c) whether the appropriations adversely impact the ability to develop Colorado's <br />compact apportionment. Failure by the Board to review these rights at five year <br />intervals from the date a decree is entered in these applications shall be considered <br />final agency action for purposes of judicial review. These rights shall however remain <br /> <br />6 <br />