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District, the Uncompahgre Valley Water Users Association, the Upper Gunnison <br />Water Conservancy District, the City and County of Delta, and Redlands Water <br />and Power Company, on Aspinall Unit project operations for the upcoming season <br />regarding the delivery of the CWCB right.' Nothing in the consultation process <br />will divest the Bureau of Reclamation of its obligation to operate the Aspinall Unit <br />in furtherance of its authorized purposes and obligations, and the Bureau of <br />Reclamation shall operate the Aspinall Unit consistently with the terms of this <br />agreement. <br />Base Flow <br />300 cfs <br />26 out of 26 years <br />Shoulder Flow <br />300 - 1000 cfs <br />22 out of 26 years <br />Low Peak Flow. <br />2000 - 5000 .cfs .. <br />8 out of 26 years <br />Medium Peak Flow <br />5000 - 10000 cfs <br />6 out of 26 years <br />Nigh Peak Flow <br />10,000 + cfs <br />3 out of 26 years <br />ii. The National Park Service has determined that the reserved water right of 300 cfs, <br />as described in Paragraph 1(a), and the instream flow right under Colorado law, as <br />described in Paragraph 1(b), and the enforcement right described in Paragraph 1(c) <br />below, shall provide adequate and permanent protection of the Black Canyon of <br />the Gunnison National Park. The Bureau of Reclamation will deliver the flows of <br />the Gunnison River in accordance with the CWCB instream flow right with the <br />2003 priority date described in Paragraph 1(b), to the extent that such flows have <br />not been appropriated by senior water rights holders under Colorado law, to the <br />extent that such flows are not subject to appropriation by the Aspinall Unit under <br />the authorized purposes, and to the extent that such flows do not impair the <br />structural integrity of the Aspinall Unit. <br />C. A binding Memorandum of Agreement (MOA) shall be established among the National <br />Park Service, the Bureau of Reclamation and the State of Colorado within 120 days of the <br />date of the last signature on this agreement regarding enforcement and protection of the <br />instream flow right referred to in Paragraph 1(b). The National Park Service shall have <br />authority to enforce and protect the instream flows consistent with state law should the <br />CWCB fail to do so. The implementation of this enforcement authority shall be spelled <br />out in the MOA. <br />'This consultation may be in addition to the current public meetings Reclamation holds on <br />the Aspinall Unit three times each year (usually January, April and August) or, if the'parties agree, <br />can occur simultaneously to the public meeting held in April. <br />