Laserfiche WebLink
finding of diligence and decree in Case No. 89CW79. whichever <br /> occurs last. the CWCB shall cause an application to change the <br /> Water Right to an absolute right for Instream Purposes in the <br /> Reach to be filed. <br /> 13. The CWCB shall thereafter be responsible for changing <br /> the Water Right to Instream Purposes and for perfecting and <br /> making absolute the Water Right for Instream Purposes. Except <br /> as provided in paragraph 14. the CWCB shall not compromise the <br /> Water Right in the change proceeding without a trial without <br /> the written consent of TNC. If requested by the CWCB, TNC <br /> shall make its best efforts to assist in any such change <br /> proceeding. If the change proceeding is tried, TNC agrees to <br /> accept the Change Decree rendered by the court as fulfilling <br /> the CWCB's obligation to change the Water Right to Instream <br /> Purposes under this Agreement. The CWCB may take appeals at <br /> its sole discretion. <br /> 14. The CWCB shall incorporate the substance of the <br /> following terms and conditions into an application for change <br /> of the Water Right to Instream Purposes: <br /> (a) As between the Water Right and the Senior Decree, <br /> the Senior Decree shall have priority and shall be <br /> entitled to divert. for any given day. the historical <br /> maximum diversion under the Senior Decree for that <br /> same day as shown on Table 1 attached hereto plus: <br /> (i) 12.5 percent of the historical maximum <br /> diversion for the same day; and <br /> (ii) any increases over that historical maximum <br /> diversion occasioned by the lawful storage of <br /> water in Ridgway Reservoir and the consequent <br /> increased channel capacity in the Uncompahgre <br /> River; <br /> provided. that the maximum diversion shall not exceed <br /> a total of 1,300 C.t.s. <br /> (b) Diversions under the Junior Decrees which do not <br /> exceed. and which are coincidental with and not in <br /> addition to. diversions under the Senior Decree shall <br /> also have priority over the Water Right. <br /> (c) The Water Right shall have priority over the <br /> Junior Decrees and shall be entitled to any water in <br /> excess of the requirements of subparagraphs (a) and <br /> (b) for Instream Purposes within the Reach to the <br /> extent that: <br /> -5- <br /> !] ra nnryn rs i • <br />