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

. .
(i) Such excess water does not exceed the rate
of flow set forth in the Change Decree or does
not exceed 200 c.f.s. on any given day when the
rate of flow of Tomichi Creek at the gage near
Gunnison (U.S.G.S. gage no. 9119000) falls below
the measured rate of flow on the same day during
the period that commenced on April 1, 1977 and
ended on March 31, 1978 as shown on Table 2
attached hereto; and
(ii) The Water Right is in priority as against
any other water rights which can avail themselves
of such excess water.
(d) In the event of a judicial determination in the
future that a federal reserved right for minimum flows
or instream uses exists within all or any part of the
Reach, Reach,sis in the event of the transfer by the. CWCB of a
water right acquired by TNC from P &M other than the
Water Right to all or any part of the Reach for
Instream Purposes, and if such federal reserved or
transferred water right has a priority date senior to
the priorities of the Junior Decrees. then the
entitlement of the Water Right to any water within the
Reach shall not be asserted against the Junior Decrees
to the extent that such federal reserved or
transferred water right acquired by TNC from P &M has
priority over the Junior Decrees, but not over the
Senior Decree. The Water Right shall also not be
asserted against the Senior Decree to the extent that
such federal reserved or transferred water right is
determined by the District Court for Water Division
No. 4 or agreed by the Water Users to have priority
over the Senior Decree.
(e) Nothing in this Agreement is intended to
establish as among the parties whether (and if so, to
what effect) subparagraphs 14(a). (b). (c). and (d)
apply:
(i) to releases of stored water from Taylor Park
Reservoir for direct delivery to the Gunnison
Tunnel. or
(ii) to releases of stored water from Blue Mesa
Reservoir pursuant to the Taylor Park Reservoir
Operations Exchange Agreement among the United
States of America, the Upper Gunnison River Water
Conservancy District, and the Water Users dated
August 28. 1975 (Contract No. 6- 07 -01- 00027);
pursuant to a water supply contract for direct
delivery or delivery by exchange to the Gunnison
Tunnel or to any other
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