TNC Gunnison Donation Agreement

• Case Number: 92CW0107
• Stream Name: Gunnison River
• Watershed: Gunnison
• Water Division: 4
• County: Gunnison
• Instream Flow Acq - Doc Type: Contracts,MOA/MOU,Leases,Agreements

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411
AGREEMENT FOR THE DONATION OF A WATER RIGHT
THIS AGREEMENT is entered into this day
41.0
of 1990, between the Colorado Water Conservation
Boa ("CWCB"). an agency of the State of Colorado created by
section 37 -60 -102, C.R.S., whose address is 1313 Sherman
Street, Room 721, Denver, Colorado 80203; The Nature
Conservancy ("TNC"). a District of Columbia non - profit
corporation whose address is 1815 Lynn Street, Arlington,
Virginia, 22209; and the Uncompahgre Valley Water Users
Association ( "Water Users "), a corporation organized and
existing under the laws of the State of Colorado, whose address
is P.O. Box 69, Montrose, Colorado 81402.
WHEREAS. TNC received a donation of water rights on the
Gunnison River from The Pittsburgh and Midway Coal Mining
Company ( "P &M ") pursuant to an "Agreement for Donation and
Covenant of Water Rights" dated December 31, 1987. and recorded
at Book 586. Pages 184 -197, in Delta County, Colorado, a copy
of which is attached hereto as Exhibit A; and
WHEREAS, one of these donated water rights was for
300 c.f.s. (the "Water Right ") out of the total of 800 c.f.s.
(conditional) decreed on August 11. 1969. in Case No. C -5873,
District Court for Delta County, Colorado; and
WHEREAS, under said agreement between P &M and TNC. TNC is
obligated to seek, in cooperation with the CWCB. "a minimum
stream flow of 300 c.f.s. [on the Gunnison River] from the gage
immediately downstream of the diversion dam for the Gunnison
Tunnel [U.S.G.S. gage no. 9128000] to a point one mile below
the confluence of the Smith Fork "; and
WHEREAS. TNC wishes to donate the Water Right to the CWCB
for change by the CWCB to the beneficial use of minimum stream
flows to preserve the natural environment to a reasonable
degree ( "Instream Purposes ") pursuant to sections 37 -92- 102(3)
and 37 -92- 103(4). C.R.S.; and
WHEREAS, the CWCB is authorized by section 37- 92- 102(3),
C.R.S., to accept the donation of the Water Right, to enter
into this Agreement setting forth the terms and conditions upon
which it will accept the donation, to file an application for
change of the Water Right which seeks a decree (the "Change
Decree ") changing and making absolute the Water Right for
Instream Purposes, and to exercise the Water Right for Instream
Purposes once the Change Decree has been entered by the
District Court for Water Division No. 4, and any appeals taken:
and
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