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<br />Water Right and. if the donation of the Water Right is <br /> <br /> <br />accepted. as to the change of the Water Right to lnstream <br /> <br /> <br />Purposes and the subsequent exercise and protection of the <br /> <br /> <br />Water Right; and <br /> <br />WHEREAS. the Water Users hold absolute and conditional <br />rights to divert water from the Gunnison River through the <br />Gunnison Tunnel in the amounts of 1.135 c,f.s, (absolute) and <br />165 c,f.s, (conditional) fot the beneficial uses decreed in <br />Case No. 1745. District COUtt for Montrose Count~. on May 8. <br />1913 (the "Senior Decree"). and in the amounts of 900 c.f,s, <br />(conditional) and 235 c,f.s. (conditional) for the beneficial <br />uses decreed in. respectively. Case Nos. 82CW324 and 87CW273. <br />District Court for Water Division No, 4. on. respectively. <br />March 21. 1984. and October 5. 1988 (the "Junior Decrees"); and <br /> <br />WHEREAS. the parties wish to avoid disputes over whether <br /> <br /> <br />diversions under the Water Users' Senior Decree and Junior <br /> <br /> <br />Decrees have a better right than the Water Right to regulated <br /> <br /> <br />flows in the Gunnison River resulting from the operation of the <br /> <br /> <br />Wayne N. Aspinall Unit of the Colorado River Stotage Project' <br /> <br /> <br />("ASpinall Unit"), <br /> <br />NOW THEREFORE. the parties. intending legally to be bound <br />and in consideration of the mutual covenants hereinafter set <br />forth. do hereby agree for themselves. their successors. and <br />their assigns as follows: <br /> <br />-3- <br />