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<br />. <br /> <br />. <br /> <br />Allowance, the River District agrees to represent the various individuals and entities who <br />divert water upstream of either Crystal Dam or Morrow Point Dam and use water <br />downstream of Blue Mesa Dam by exercising in-basin rights upstream and junior to the <br />Aspinall Unit Rights. <br /> <br />4. As consideration for the United States' agreement to subordinate the Aspinall <br />Unit Rights to water users in the Gunnison River Basin to implement the Depletion <br />Allowance, the Upper Gunnison District agrees to represent the various individuals and <br />entities who use water upstream of Blue Mesa Dam by exercising in-basin rights upstream <br />from and equal or junior in priority to the Aspinall Unit Rights. <br /> <br />5. If water is being diverted under the Upper Gunnison District Rights during a <br />time when there exists a shortage of supply such that the Division Engineer is required, <br />because of identical priority dates, to apportion the water available for diversion between <br />the Aspinall Unit Rights and the Upper Gunnison District Rights, the United States agrees <br />to subordinate the Aspinall Unit Rights to the Upper Gunnison District Rights in an amount <br />sufficient to provide for a diversion of the full decreed amount of the Upper Gunnison <br />District Rights under which diversions are being made. Proportional depletions attributable <br />to diversions having equal priority to the Aspinall Unit Rights which would otherwise be <br />called out by Aspinall Unit Rights but are made by the Upper Gunnison District Rights <br />pursuant to this paragraph are included within, and not in addition to, subordination of the <br />Aspinall Unit Rights to up to 40,000 af of annual water depletions in the drainage above' <br />Blue Mesa Dam. <br /> <br />6. The depletions against which the United States foregoes its right to call under <br />this Agreement shall be charged by the Colorado State Engineer against the annual fills <br />of Crystal Reservoir, Morrow Point Reservoir and/or Blue Mesa Reservoir (including the <br />second filling of Blue Mesa Reservoir), and/or the exercise of the related direct flow <br />hydropower rights (depending on which of the Aspinall Unit Rights are then being <br />exercised) in tre amounts specified in paragraph 2. <br /> <br />7. . Water consumptively used under privately held water rights benefitting from <br />this Agreement and used within the Gunnison River Basin through evapotranspiration, <br />reservoir evaporation, irrigation, industrial, domestic and other beneficial uses shall be <br />appropriate uses of the Depletion Allowance. Water which is diverted and ultimately <br />retums to the stream and then is available for use pursuant to the Aspinall Unit Rights shall <br />not be considered a depletion and, therefore, not a use of the Depletion Allowance. <br /> <br />8. Within one year after the date of this Agreement the River District and the <br />Upper Gunniscn District shall provide to the Bureau of Reclamation in Grand Junction, <br />Colorado, or any other location designated by the United States, and to the Colorado State <br />Engineer and Division 4 Engineer, an initial Report listing the names of the diversion or <br />storage structures and priority or administration numbers of the diversions in the areas <br />represented by them which qualify for subordination of Aspinall Unit Rights under the <br />Depletion Allowance described in this Agreement, together with an estimate of the total <br /> <br />5 <br />