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understanding: <br />3.1 Structures. <br />3.1.1 If the change of water rights specified in paragraph 1.1 is <br />approved by the District Court, Water Division No. 4, UGRWCD shall construct a diversion <br />structure (Upstream Structure) at the mouth of the West Branch priorto diverting any water <br />into the West Branch pursuant to the Application. <br />3.1.2 The UGRWCD may, at its option and in its discretion, construct <br />a tail ditch from the West Branch to the Gunnison River with a control structure <br />(Downstream Structure). <br />3.2 Minimum flow in the West Branch. After the Upstream Structure <br />has been constructed, the minimum flow in the West Branch shall be the sum of the <br />decreed and undecreed water rights having their source supply in the West Branch plus <br />the losses in the channel from the Gunnison River to the headgate of the Kelmel Owens <br />No. 1 Ditch when needed by the IRRIGATORS or WEST BRANCH WATER USERS or <br />both and when available at the Upstream Structure plus an additional amount to be <br />determined by engineers retained by UGRWCD to support fish and wildlife in the West <br />Branch while minimizing the potential for ice - related flooding. <br />3.3 Maximum flow in the West Branch. UGRWCD shall not alter the <br />channel geometry of the West Branch so as to increase the flow in the West Branch above <br />that which would occur under presently existing conditions. <br />3.4 Operation of the West Branch Diversion. After the Upstream <br />Structure has been constructed, it shall be operated by UGRWCD in accordance with <br />operating criteria developed by one representative from each of the following: UGRWCD, <br />IRRIGATORS, WEST BRANCH WATER USERS and a representative of the Whitewater <br />Park after the park has been completed. Representatives of interested governmental <br />entities may also be included. <br />3.4.1 Operating objectives. UGRWCD shall operate the Upstream <br />Structure in such manner as to optimize beneficial use of water in the West. Branch, <br />including irrigation, domestic, fish and wildlife and aesthetics. Under no circumstances <br />shall UGRWCD operate the West Branch Diversion to reduce the amount of water <br />available to decreed water rights having the West Branch as their source of supply below <br />that which would be available if the Upstream Structure were not in existence. <br />3.4.2 High water conditions. During high water conditions, <br />UGRWCD shall operate the Upstream Structure, to the extent that it is possible to do so, <br />to maintain the flow in the West Branch within the existing channel. <br />2 <br />