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1990 TNC Board Memo
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Instream Flow Acquisitions
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1990 TNC Board Memo
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Last modified
10/10/2018 2:08:49 PM
Creation date
4/15/2010 12:54:57 PM
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Instream Flow Acquisitions
Case Number
92CW0107
Stream Name
Gunnison River
Watershed
Gunnison River
Water Division
4
County
Gunnison
Instream Flow Acq - Doc Type
Correspondence/Memos
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<br />; <br /> <br />claims of abandonment. The CWCB shall not be obligated to, but <br /> <br /> <br />may in its sole discretion, oppose any diligence applications <br /> <br /> <br />or initiate or support abandonment proceedings concerning other <br /> <br />water rights. <br /> <br />17. The CWCB shall not compromise the Water Right without <br />trial in any proceeding described in paragraph 16 without the <br />written consent of TNC. If the matter is tried. the CWCB shall <br />not forego or waive any right of appeal without the written <br />consent of TNC. <br /> <br />18. Upon the filing for a new junior water right or for a <br />change of water right which would inundate the Reach. the CWCB <br />shall determine whether such a filing would result in injury to <br />the Water Right. Diligence applications on storage rights <br />within the Reach decreed prior to the date of this Agreement <br />shall not be considered injurious to the Water Right. <br /> <br />19. The sale or lease of water stored in the Aspinall <br />Unit. the release of water for the generation of hydropower at <br />that Unit or for compact delivery purposes, or any other <br />operation of the Unit currently authorized by federal law and <br />by the decreed water rights for the Unit shall not be <br />considered injurious to the Water Right. Nothing in this <br />Agreement shall preclude any party to this Agreement from <br />asserting any and all other rights or interests which it may <br /> <br />-15- <br />
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