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JAN 20 '9E 10~52AM CITY OF ASPEN • • P.5 . • is an instreari floe oF~ 1~? cfs in Castle Creek between the Midland Flume and the confluence of tt~e Roaring Fork River; and {2) ~ provide the measuring and monitoring services herein desczibed 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. apprUt°ed by the Iivision Engineer, which are capable of continuously measuring stream flows in Castle Creek during lotiv streamflows 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. .g, When the streamflow on Castle Creek falls below 12 cfs, as measured •at the Midland Flume; the Board or~ Aspen, pursuant to this Agreement, will place a call under the Board`s instream flow priority as decreed in Case No. W-2974. Qnce the Division Engineer has administered tlhe call and Less than 12 cfs remains in the stream immediately downstream of the Midland Fiume. Aspen will allow water available to it from its Midland Flume and Casty-Creek Flume ~;pater rights to bypass the Midland Flume to the extent necessary to assure that there is an instream flow of 12 cfs umediately downstream of the Midland F`Iume, provided, hoEyever, 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 extraoLdinary droltght or emergency conditions iii its municipal water supply . Aspen will not call its water right to provide water to supply the Board's decreed instream flow. 5~. 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 r~nea,urement of streamtlow at the 1~iidland Flume the diversions from Castle Creek by the Holden., Marolt and S i 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, isut 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 currLntly used far irrigation purposes. .4~pen agrees that when the Board's irLStrearfl flow ,decree is not met at the confluence of Castle Creek and the Roaring Fork River {determined as provided in~ paragraph 9 above} , a cal] has been placed by the Board or Aspen pursuant to this Agreement, and, the Division Engineer bas administered the call placed pursuant to the Board's instream-flow priority, Aspen will allow water available to it from its Holden Ditch, 1Vlarolt Ditch, and/or Si Jolinson Ditch water rights to bypass their respectiv a headgates, oz will bypass additional water front its Midland Flume' and Castle Creek Flume water rights, to the extent necessary to assure that the•~instreann flow of 12 cfs is met at the confluence of Castle Creek and the Roaring Fork Ri~rer; provided, hov;ever, that the maximum bypass that will be required of Aspen under this Agreement is 12 cfs, and farther provided that Aspen retains the right to divert its water rights notwithstanding this .paragraph if needed for municipal purposes under circumstances such as 2