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<br />603039. <br /> <br />Upper Gunnison Water Conservancy District, the City and County of Delta, and <br />Redlands Water. and Power Company, on Aspinall Unit project operations for'the <br />upcoming season regarding the delivery of the CWCB right.1 Nothing in the <br />consultation process will divest the Bureau of Reclamation of its obligation to <br />operate the Aspinall Unit in furtherance of its authorized purposes and obligations, <br />and the Bureau of Reclamation shall operate the Aspinall Unit consistently with <br />the terms of this agreement. <br /> <br />Base Flow 300 cfs 26 out of 26 years <br />Shoulder Flow 300 - 1000 cfs . 22 out of 26 years <br />Low Peak Flow 2000 - 5000 cfs 8 out of 26 years <br />Medium Peak Flow 5000 - 10000 cfs 6 out of26 years <br />High Peak Flow 10,000 + cfs. 3 out of 26 years <br /> <br />11. The National Park Service has detenirined that the reserved water right of 300 cfs, <br />as described in Paragraph lea), and the instream flow right under Colorado law, as <br />'described in Paragraph 1 (b), and the enforcement right described in Paragraph 1 ( c) <br />below, shall provide adequate and permanent protection of the Black Canyon of <br />the Gunnison National Park. The Bureau of Reclamation will deliver the flows of <br />the Gunnison River in accordance with the CWCB instream flow right with the <br />2003 priority date described in Paragraph 1 (b), to the extent that such flows have <br />not been appropriated by senior water rights holders under Colorado law, to the . <br />extent that such flows are not subject to appropriation by the Aspinall Unit under <br />the authorized purposes, and to the extent that such flows do not impair the <br />structural integrity of the Aspinall Unit. <br /> <br />c. A binding Memorandum of Agreement (MOA) sh~ll be established among the National <br />Park Service, the Bureau of Reclamation and the State of Colorado within l20 days of the <br />date ofthe last signature on this agreement regarding enforcement and protection of the <br />instream flow right referred to in Paragraph 1 (b). The National Park Service shall have <br />authority to enforce and protect the instream flows consistent with state law should the <br />CWCB fail to do so. The implementation of this enforcement authority shall be spelled <br />out in the MOA. <br /> <br />lThis consultation may be in addition to the current public meetings Reclamation holds on <br />the Aspinall Unit three times each year (usually January, April and August) or, if the parties <br />agree, can occur simultaneously to the public meeting held in April. <br />