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TNC Gunnison Donation Agreement
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TNC Gunnison Donation Agreement
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Entry Properties
Last modified
4/16/2016 12:31:46 AM
Creation date
2/2/2011 4:52:38 PM
Metadata
Fields
Template:
Instream Flow Acquisitions
Case Number
92CW0107
Stream Name
Gunnison River
Watershed
Gunnison
Water Division
4
County
Gunnison
Instream Flow Acq - Doc Type
Contracts,MOA/MOU,Leases,Agreements
Supplemental fields
Applicant
TNC - Black Canyon Water Right donation
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• 433084 •vO586 <br /> individual structures listed which could be transferred to other <br /> storage or diversion structures or locations under Colorado water <br /> law. <br /> D. Prior to the execution of the Original Agreement on <br /> September 19, 1987, P &M had derived the "contemplated draft" for <br /> each of the individual structures and for the Gunnison Main <br /> Project as a single, unified project. Such derivation was based <br /> on the evidence submitted in Civil Action No. C -5873, the decree <br /> entered therein for the Gunnison Main Project, and the doctrine <br /> for change of conditional water rights as set forth in Twin Lakes <br /> Reservoir and Canal Co. v. City of Aspen, 193 Colo. 478, 568 P.2d <br /> 45 (1977). The contemplated draft amounts for the structures <br /> comprising the P &M Gunnison Main Project are set forth specifi- <br /> cally in the decree and the evidence submitted in support of the <br /> contemplated annual consumptive use of water appropriated through <br /> the integrated operation of its individual structures. Moreover, <br /> the decree and evidence in the adjudication support and facilitate <br /> flexibility in the allocation of such contemplated draft. <br /> E. In recent months, events and circumstances have evolved <br /> such that the Parties to the Original Agreement have concluded <br /> that this Agreement should be made to redefine the allocation of <br /> Donated Water Rights and Retained Water Rights hereunder, and the <br /> allocation of the contemplated draft (consumptive use) to each <br /> segment and the individual structure thereof for purposes of this <br /> Agreement, as shown in Table 2 below. <br /> -4- <br /> fnnfnQ7c <br />
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