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<br />0025 5 <br /> <br />entered March 6, 1978 (pages 38 and 132)~ the uses include to "Insure the co)~:tinued nutrition. <br />growth, conserv~tion, and reproduction of those species offish which inhBbitl~d such waters on <br />the applicable reservation dates, or those species of fish which are thereafter jr1troduced" and to <br />'.Attain and preserve the recreational, scenic, and aesthetic conditions existinll on the applicable <br />fleservation dates or to preserve those conditions which are thereafter caused tl3 exist.'. <br /> <br />I). Description oCPlace or Use: The Gunnison River on lands reserved by PI'esidential <br />Proclamation on March 2, 1933. (See Attachment A for legal description)., <br /> <br />6. Remarkl: The interlocutory decree entered by the water judg~ in the eonsoJidat,~d cases in <br />Water Divisions 4, 5 and 6 on March 6, 1978 ordered that the ccnd~tiona.l water right for the Gunnison <br />River on lands reser.red by PresidentiaJ proclamation on March 2, 1933 be quantified: in the fonn of an <br />applicatioD to malee a conditional water righ.t absolute subject to the notice and heariIlg requirements of <br />Colorado law in or before the month of December in the fourth calendar year following the year in <br />which a Jfinal decr~c is entered. As of the date of the filing of this application, no finEll decree in Case <br />No. W-437lw been entered. <br /> <br />Specific numerical flow limits on peak flows have not been incorporated into this apJllication. The <br />United States recognizes that exercising the right to peak flows described in this clair.n will require <br />careful consideration of numerous flu:tors, including the stIUctural capacity ofupstreaUD dams and <br />potentia) dO'Wnstream flooding, among other river management issues. Therefore, thE: Secretary of the <br />Interior "vi11 confer with the State of Colorado, the National Park Service, the Bureau ,of Reclamation, <br />the Westem Areas Power Administration, the Fish and Wildlife Service and other afti!lcted interestS in <br />order to l:nsure that operational decisions to exercise this right are in accord with the l:lest available <br />infonnatiion and with full consideration of the river mllI1agement issues noted above. <br /> <br />Pated this -' 1-r~ day of ;,111"'; "'A~l.( <br /> <br />, 2001. <br /> <br /> <br />By; <br /> <br />DAVID W. OEHLERT, #02135;1 <br />U.S. Department of Justice <br />Environment and Natural <br />Resources Division <br />999 ISth Street, Suite 945 <br />Denver, Colorado 80202 <br />(303) 312-7352 <br /> <br />ATTORNEY FOR THE <br />UNITED STATES OF AMERIC,\ <br /> <br />4 <br />