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is an instream flow of 12 cfs in Castle Creek between the Midland Flume and the confluence of the Roaring Fork River; and (2} provide the measuring and monitoring services herein described to determine whether a call should be placed against junior water rights to protect the Board's decreed instream flow on Castle Creek. 7. At its own cost, Aspen will install at the Midland Flume measuring devices, approved by the Division Engineer, which are capable of continuously measuring stream flows in Castle Creek during low streamflo~vs at that location. Also at its cost, Aspen will, to the extent necessary, rebuild or reconfigure its Midland Flume to permit the continuous bypass of at least 12 cfs of water in Castle Creek at the Midland Flume. 8. When the streamflow on Castle Creek falls below 12 cfs, as measured at the I~lidland Flume, the Board or Aspen, pursuant to this Agreement, will place a call under the Board's instream flo«~ priority as decreed in Case No. W-2974. Once the Division Engineer has administered the call and less than 12 cfs remains in the stream immediately downstream of the Midland Flume, Aspen will allow water available to it from its Midland Flume and Castle Creek Flume water rights to bypass the Midland Flume to the extent necessary to assure that there is an instream flow- of 12 cfs immediately downstream of the Midland Flume, provided, however, that the maximum bypass that will be required of Aspen under this Agreement is 12 cfs, and further provided that Aspen retains the right to -divert its water rights notwithstanding this paragraph if needed for municipal purposes under circumstances such as extraordinary drought or emergency conditions in its municipal water supplyJ. Aspen will not call its water right to provide «-ater to supply the Board's decreed instream flow. 9. The parties agree that for purposes of this Agreement, the streamflow at the confluence of Castle Creek and the Roaring Fork River will be determined by subtracting from measurement of streamflow at the Midland Flume the diversions from Castle Creek by the Holden, ~iarolt and Si Johnson Ditches. The parties acknowledge that this measurement method does not take into account diversions by the Tagert Ditch, which is decreed for 1.39 cfs, but the parties believe that natural accretions and return flows to Castle Creek may be sufficient to offset diversions by the Tagert Ditch. 10. Aspen's interests in the Holden Ditch, Marolt Ditch, and Si Johnson Ditch are currently used for irrigation purposes. Aspen agrees that when the Board's instream flow decree is not met at the confluence of Castle Creek and the Roaring Fork River (determined as provided in paragraph 9 above), a call has been placed by the Board or Aspen pursuant to this Agreement, and the Division Engineer has administered the call placed pursuant to the Board's instream flow priority-, Aspen will allo«= water available to it from its Holden Ditch, Marolt Ditch, and/or Si Johnson Ditch water rights to bypass their respective headgates, or will bypass additional water from its ~%iidland Flume and Castle Creek Flume water rights, to the extent necessary to assure that the instream flow of 12 cfs is met at the confluence of Castle Creek and the Roaring Fork River, provided, however, that the maximum bypass that will be required of Aspen under this Agreement is 12 cfs, and further provided that Aspen retains the right to divert its water rights notwithstanding this paragraph if needed for municipal purposes under circumstances such as 2