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<br />, <br /> <br />have regarding such a sale or lease. release of water. or other <br />operation. <br /> <br />20. Whenever the flow in the Gunnison River at the <br />upstream terminus of the Reach drops below the amount of the <br />Water Right approved for change to Instream Purposes at that <br />point. the CWCB shall call the Water Right as against all <br />upstream junior water rights. subject to the terms and <br />conditions required by the Change Decree; provided. however. <br />that to the extent that the water rights for the Aspinall Unit <br />are not administered as against 60.000 acre feet per year of <br />depletions within the Gunnison River Basin upstream from <br />Crystal Dam but are administered as against any diversions out <br />of the Gunnison River Basin upstream from Crystal Dam and as <br />against any depletions in excess of 60.000 acre feet per year <br />within the Gunnison River Basin upstream from Crystal Dam. then <br />the CWCB may forego administration of the Water Right to the <br />same extent. Nothing in this Agreement shall preclude the <br />Water Users from calling any water rights. <br /> <br />MISCELLANEOUS PROVISIONS <br /> <br />21. TNC covenants that the Retained P&M Water Rights as <br />the same are defined in that certain agreement of December 31. <br />1987 (Exhibit A) shall not be developed in a manner such that <br />flows would be diverted from or impounded within the reach of <br /> <br />-16- <br />