Common use of Instream Flow Protection Clause in Contracts

Instream Flow Protection. Modifications were made under this recovery element to protect the water quantity constituent element. a. Adjudication of the instream-flow appropriations to be filed by the Colorado Water Conservation Board (on the Yampa, Little Snake, White, Colorado, and Gunnison rivers) was added since these instream-flow appropriation filings will not be legally protected until they are adjudicated in water court. Adjudication may take up to three years after filing, depending on the amount of litigation. b. To provide more immediate habitat improvements in the Grand Valley area via instream flows, a modification was made under water acquisition for the 15-mile reach to enter into an interim agreement for uncommitted water remaining in Ruedi Reservoir after Round II water sales are completed or commitments to contracts are agreed to. If flow recommendations for the 15-mile reach are met from other sources during this interim agreement (thereby causing the additional water from Ruedi to exceed the flow recommendations), ▇▇▇▇▇ would be relieved of this additional obligation. At the end of the interim agreement (whether the flow recommendations have been met or not), Reclamation may pursue additional water sales; however, these sales would be subject to review under Section 7 of the Endangered Species Act.

Instream Flow Protection. Modifications were made under this recovery element to protect the water quantity constituent element. a. Adjudication of the instream-flow appropriations to be filed by the Colorado Water Conservation Board (on the Yampa, Little Snake, White, Colorado, and Gunnison rivers) was added since these instream-flow appropriation filings will not be legally protected until they are adjudicated in water court. Adjudication may take up to three years after filing, depending on the amount of litigation. b. To provide more immediate habitat improvements in the Grand Valley area via instream flows, a modification was made under water acquisition for the 15-mile reach to enter into an interim agreement for uncommitted water remaining in Ruedi Reservoir after Round II water sales are completed or commitments to contracts are agreed to. If flow recommendations for the 15-mile reach are met from other sources during this interim agreement (thereby causing the additional water from Ruedi to exceed the flow recommendations), ▇▇▇▇▇ Ruedi would be relieved of this additional obligation. At the end of the interim agreement (whether the flow recommendations have been met or not), Reclamation may pursue additional water sales; however, these sales would be subject to review under Section 7 of the Endangered Species Act.