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<br />shall make its best efforts to assist in any such change <br /> <br />proceeding. If the change proceeding is tried. TNC agrees to <br /> <br />accept the Change Decree rendered by the court as fulfilling <br /> <br /> <br />the CWCB's obligation to change the Water Right to Instream <br /> <br /> <br />Purposes under this Agreement. The CWCB may take appeals at <br /> <br /> <br />its sole discretion. <br /> <br />14, The CWCB shall incorporate the substance of the <br /> <br />following terms and conditions into an application for change <br />of the Water Right to Instream Purposes: <br /> <br />(a) As between the Water Right and the Senior <br /> <br />Decree. the Senior Decree shall have priority and <br /> <br />shall be entitled to divert. for any given day. the <br /> <br />historical maximum diversion under the Senior Decree <br /> <br />for that same day as shown on Table 1 attached hereto <br /> <br />plus: <br /> <br />(i) 12,5 percent of the historical maximum <br />diversion for the same day: and <br /> <br />(ii) any increases over that historical maximum <br />diversion occasioned by the lawful storage of <br />water in Ridgway Reservoir and the consequent <br />increased channel capacity in the Uncompahgre <br />River: <br /> <br />provided. that the maximum diversion shall not exceed <br /> <br />a total of 1.300 c.f,s, <br /> <br />-9- <br />