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<br />-. 001118 <br /> <br />,..~ 1:10 <br /> <br />entered March 6, 1978 (pases 31 and 132), the uses include to "Insure the eo~itinued nutrition. <br />growth, conscrv~on, and reproduction of those species offish which inhabitl:d such waters on <br />the applicable reservation dates, or those species of fish which are thereafter ~3troduc:ecr and to <br />"Attain and preserve the recreational, scenic, and aesthetic conditions existinll on the applicable <br />reservation dates or to preserve those conditions which are thereafter caused tj) exist. t. <br /> <br />D. Description olPlla of Vie: The Owmisou River on lands reserved by Presidential <br />Proclamation on March 2,1933. (See AttaChmem A for legal description)., <br /> <br />6. Remarks: The imerlocQtOIy decree entered by the water judg~ in the consoJidat,~d cases in <br />Water Divisions 4, S and 6 on March 6, 1978 ordered that the conditional water right for the Gunnison <br />River on lands rese.n-ecl by Presidential proclamation on March 2, J 933 be quantified: in the fonn of an <br />application ~ make a conditional water rigbt absolute subject to the notice and heari!IS requirements of <br />Colorado law in or before the month of December in the fourth caleDdar year following the year in <br />which a final decree is entered. As of the elate of'the filing of this application, no fiIUll decree in Case <br />No. W.437 has 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 clai~lI will require <br />careful consideration of numerollS factors, inoluding the structural capacity ofupmeaf:rJ dams and <br />potential downstream flooding, among other river management issues. Therefore, thE: Secretary of the <br />Interior will confer with the State of Colorado, the National Park Service, the Bureau 'DfReclamatio~ <br />the Western Areas Power Administration, the Fish and Wildlife Service and other atlilicted interests in <br />order to ensure that operational decisions to exercise this riiht are in accord with the best available <br />infonnation and with full eonsideration of the river management issues noted above. <br /> <br />Dated this -1 ':f .,~ day of ~N .A~R ..( <br /> <br />,2001. <br /> <br /> <br />By: <br /> <br />DAVID W. OEHLERT, #02115=1 <br />U.S. Department of Justice <br />Environment and Natural <br />Resources Division <br />999 18th Strce~ Suite 945 <br />Denver, Colorado 80202 <br />(303) 312.7352 <br /> <br />AITORNEY FOR THE <br />UNITED STATES OF AMERICA <br /> <br />4 <br />