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,. . 'OOi133\; diverts water from New York Creek and commands a drainage area of about 3.2 square miles. The water is transported through a 48-inch pipeline for a short distance to Brooklyn Gulch. Headgate No. 2 (WOlD 3817651 diverts water from Brooklyn Gulch and combines with the diverted flows from Headgate No.1. The Brooklyn Gulch drainage area tributary to Headgate No. 2 is about 2.4 square miles. The combined flows from these two sources is transported in a 60- inch pipeline to Tabor Gulch. Headgate No.3 (WOlD 381766) is located on Tabor Gulch and diverts additional water into the collection system. The drainage area tributary to Headgate No. 3 is about 3.7 _square miles. From the Tabor Gulch inlet, the combined diversions are conveyed in a 72-inch pipeline to Grizzly Reservoir. "r ..:--: .. WATER RIGHTS The water rights for the Independence Pass Transmountain Diversion System are summarized on the attached Table T- 1. In the 1977 decree changing the use of the water rights, there were certain volumetric limitations imposed on the project diversions. (1) The maximum diversion through Tunnel No. 1 cannot exceed 68,000 acre-feet in anyone year; and (2) the diversions through Tunnel No.1 cannot exceed a volume of 570,000 acre-feet in any consecutive 10-year period (average annual diversion of 57.000 acre-feet per year. EXCHANGE WITH FRYING PAN-ARKANSAS PROJECT Pursuant to the authorization of the Fryingpan-Arkansas Project (Reference separate documentation). the TLRCC agreed to bypass J.!Il..1Q 3.000 acre-feet of water that would have normally been diverted through Tunnel No.1 at times when the flow of the Roaring Fork River, at its confluence with Difficult Creek, is less than the following minimum monthly flow values recommended by the U. S. Fish and Wildlife Service (FWS): MONTH AVERAGE FLOW MONTH AVERAGE FLOW October 2,700 AF April 3,800 AF November 2.100 AF May 6,200 AF December 1.800 AF June 7,100 AF January 1,600 AF July 6,200 AF February 1,400 AF August 3,980 AF March 1,500 AF September 2.600 AF In order to compensate TLRCC for this bypass, the Fry-Ark Project is obligated to deliver up to 3,000 acre-feet from its project water suppliesto the TLRCC. deliverable toTLRCC's storage account in Twin Lakes. TLRCC's obligation to forego diversion at its collection system is applicable only to the extent of up to 3,000 acre-feet per year, delivered by exchange from the Fry-Ark Project and TLRCC is not required to forego diversions except to the extent that a like quantity of water is furnished to the TLRCC.