1990 TNC Board Memo

• Case Number: 92CW0107
• Stream Name: Gunnison River
• Watershed: Gunnison River
• Water Division: 4
• County: Gunnison
• Instream Flow Acq - Doc Type: Correspondence/Memos

;

[ALTERNATIVE 1 FOR SUBPARA. (d)]

Cd) In the event of a jUdicial determination in the

future that a federal reserved right for minimum

flows or instream uses exists within all or any part

of the Reach or in the event of the transfer by the

ewCB of a water right acquired by TNC from P&M other

than the Water Right to all or any part of the Reach

for Instream Purposes. and if such federal reserved

or transferred water right has a priority date senior

to the priorities of the Junior Decrees. then the

entitlement of the Water Right to any water within

the Reach shall not be asserted against the Junior

Decrees to the extent that such federal reserved or

transferred water right acquired by TNC from P&M has

priority over the Junior Decrees. but not over the

Senior Decree. The Water Right shall also not be

asserted against the Senior Decree to the extent that

such federal reserved or transferred water right is

determined by the District Court for Water Division

No. 4 or agreed by the Water Users to have priority

over the Senior Decree.

[ALTERNATIVE 2 FOR SUBPARA. (d)]

(d) In the event of a jUdicial determination in the
future that a federal reserved right for minimum

-11-