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

• •
WHEREAS. the parties desire to set forth their rights and
obligations as to the process to be used by the CWCB in
determining whether to accept or decline the donation of the
Water Right and, if the donation of the Water Right is
accepted, as to the change of the Water Right to Instream
Purposes and the subsequent exercise and protection of the
Water Right; and
WHEREAS, the Water Users hold absolute and conditional
rights to divert water from the Gunnison River through the
Gunnison Tunnel in the amounts of 1.135 c.f.s. (absolute) and
165 c.f.s. (conditional) for the beneficial uses decreed in
Case No. 1745, District Court for Montrose County, on May 8.
1913 (the "Senior Decree "). and in the amounts of 900 c.f.s.
(conditional) and 235 c.f.s. (conditional) for the beneficial
uses decreed in, respectively. Case Nos. 82CW324 and 87CW273,
District Court for Water Division No. 4, on, respectively.
March 21. 1984. and October 5. 1988 (the "Junior Decrees "); and
WHEREAS, the parties wish to avoid disputes over whether
diversions under the Water Users' Senior Decree and Junior
Decrees have a better right than the Water Right to regulated
flows in the Gunnison River resulting from the operation of the
Wayne N. Aspinall Unit of the Colorado River Storage Project
( "Aspinall Unit ").
NOW THEREFORE. the parties, intending legally to be bound
and in consideration of the mutual covenants hereinafter set
forth. do hereby agree for themselves. their successors, and
their assigns as follows:
CWCB PROCESS FOR DETERMINING WHET IER TO ACCEPT DONATION
1. By October 15, 1990. the CWCB shall complete an
'evaluation of the effects on water resources development in the
Gunnison River Basin above lue Mesa Reservoir of making the
Water Right absolute and an� evaluation of the amount of the
Water Right that can be changed to Instream Purposes without
material injury to other water rights. TNC shall make its best
efforts to assist the CWCB in making these evaluations. The
Water Users may (but shall not be obliged to) provide advice or
assistance to the CWCB in making such evaluations.
2. Within 30 days of the date of this Agreement, the CWCB
shall request recommendations from the Colorado Division of
Wildlife. the Colorado Division of Parks and Outdoor
Recreation. the U.S. Department of the Interior. and the U.S.
Department of Agriculture (the "Consulting Agencies ") on
whether at least 300 c.f.s. is required for Instream Purposes
in that reach of the Gunnison River which extends from the gage
immediately downstream of the diversion dam for the Gunnison
Tunnel (U.S.G.S. gage no. 9120000) to a point one mile below
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