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• • • ' 4:33084 • 1100 U566 PAGE 1S5 <br /> • <br /> C. P &M is the owner of water rights for industrial and <br /> related uses associated with coal /alternate energy developments on <br /> the Gunnison River near Austin, Colorado. These water rights were <br /> conditionally decreed by the District Court in and for the County <br /> of Delta and State of Colorado in Civil Action No. C -5873 on <br /> August 11, 1969. This Agreement sets forth P&M and TNC's agree- <br /> ment with respect to (i) a donation by P &M to TNC of the "Donated <br /> Water Rights" described below for minimum stream flow purposes, <br /> and (ii) a covenant by P &M to restrict the development of its <br /> "Retained Water Rights" described below (hereinafter referred to <br /> as the "Donated Water Rights" and the "Retained Water Rights," <br /> respectively). The structures comprising the P&M Gunnison Main <br /> Project include three storage reservoirs, each with specific <br /> rights of refill in acre feet per year ( "AFY "), and two direct <br /> flow water rights with aggregate capacity of 1,000 cubic feet per <br /> second ( "cfs "), as summarized in Table 1 below: <br /> Table 1 <br /> WATER RIGHTS COMPRISING THE P&M GUNNISON MAIN PROJECT <br /> Structure Decreed Decreed Contemplated <br /> Name Amount Entitlement Draft /Structure <br /> Sulphur 28,600 AF 60,000 AFY (60,000 AFY) <br /> Gulch (w /refill) <br /> Reservoir <br /> Sulphur 200 cfs n/a (60,000 AFY) <br /> Gulch <br /> Pipeline <br /> Rabbit 800 cfs n/a (60,000 AF!) <br /> Gulch <br /> .Canal <br /> -2- <br /> nnnnfiR7-4 <br />