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b. Exercise of the subject water right shall not cause or result in flows that <br />flood the Delta area (currently flows in excess of 10,000 cfs at the Gunnison River gage at <br />Delta, USGS gage Number 09144250) or the Grand Junction area (currently flows in excess of <br />20,000 cfs at the Gunnison River gage near Grand Junction, USGS gage number 98152500). <br />[This paragraph is still being discussed. The Staff may have some changes to this <br />paragraph that it may present to the Board at the Board meeting]. <br />C. The Board shall take such action under state law, including requesting <br />administration by the State Engineer and the Division Engineer for Water Division 4 and <br />initiating water court proceedings, as may be necessary to fully exercise the subject water right <br />or to obtain delivery of the subject water right. The subject water right shall be protected <br />within the entire subject stream reach. <br />d. The Board shall exercise its authority to protect the subject water right. <br />The Board shall file a statement of opposition in any water court proceeding on an application <br />that could cause injury to the subject water right and defend the subject water right from injury <br />in any proceedings before the CWCB. <br />e. Except as provided in paragraphs 4. a, and b, above, the Board shall not <br />abandon, in whole or in part; subordinate; lease; sell; donate; otherwise dispose of; <br />compromise; subjugate; or encumber the subject water right in any manner whatsoever without <br />the prior written consent of the National Park Service. <br />5. The terms of this MOA shall be enforceable by either the Board or the United <br />States in an action for specific performance. <br />a. This MOA does not authorize the United States or any other person, <br />entity, or governmental agency to assert the Board's rights or interests in any judicial or <br />administrative proceeding. <br />b. Before commencing an action to enforce this MOA, the party alleging <br />violation shall notify the other party in writing of the alleged violation and the parties shall <br />make a good faith effort to resolve their differences through informal discussion. <br />C. This MOA shall not create any third party beneficiaries and shall not be <br />enforceable by anyone other than the United States and the Board. <br />6. Except as expressly provided herein, this MOA does not waive any rights of <br />either the Board, the National Park Service, or the Bureau of Reclamation. <br />7. On an annual basis and prior to the spring run -off, the Bureau of Reclamation <br />shall consult with the National Park Service, the Western Area Power Administration, the <br />United States Fish and Wildlife Service, the CWCB, the Colorado River Water Conservation <br />District, the Uncompahgre Valley Water Users Association, the Upper Gunnison Water <br />Conservancy District, the City and County of Delta, and the Redlands Water and Power <br />Company, on Aspinall Unit operations for the upcoming season regarding delivery of the <br />-4- <br />