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411 411 <br /> written consent of TNC. If the matter is tried, the CWCB shall <br /> not forego or waive any right of appeal without the written <br /> consent of TNC. <br /> 18. Upon the filing for a new junior water right or for a <br /> change of water right which would inundate the Reach, the CWCB <br /> shall determine whether such a filing would result in injury to <br /> the Water Right. Diligence applications on storage rights <br /> within the Reach decreed prior to the date of this Agreement <br /> shall not be considered injurious to the Water Right. <br /> 19. The sale or lease of water stored in the Aspinall <br /> Unit. the release of water for the generation of hydropower at <br /> that Unit or for compact delivery purposes, or any other <br /> operation of the Unit currently authorized by federal law and <br /> by the decreed water rights for the Unit shall not be <br /> considered injurious to the Water Right. Nothing in this <br /> Agreement shall preclude any party to this Agreement from <br /> asserting any and all other rights or interests which it may <br /> have regarding such a sale or lease, release of water. or other <br /> operation. <br /> 20. Whenever the flow in the Gunnison River at the <br /> upstream terminus of the Reach drops below the amount of the <br /> Water Right approved for change to Instream Purposes at that_ <br /> point. the CWCB shall call the Water Right as against all <br /> upstream junior water rights, subject to the terms and <br /> conditions required by the Change Decree; provided. however. <br /> that to the extent that the water rights for the Aspinall Unit <br /> are not administered as against 60.000 acre feet per year of <br /> depletions within the Gunnison River Basin upstream from <br /> Crystal Dam but are administered as against any diversions out <br /> of the Gunnison River Basin upstream from Crystal Dam and as <br /> against any depletions in excess of 60.000 acre feet per year <br /> within the Gunnison River Basin upstream from Crystal Dam. then <br /> the CWCB may forego administration of the Water Right to the <br /> same extent. Nothing in this Agreement shall preclude the <br /> Water Users from calling any water rights. <br /> MISCELLANEOUS PROVISIONS <br /> 21. TNC covenants that the Retained P &M Water Rights as <br /> the same are defined in that certain agreement of December 31, <br /> 1987 (Exhibit A) shall not be developed in a manner such that <br /> flows would be diverted from or impounded within the reach of <br /> the Gunnison River from the gage immediately below the <br /> diversion dam for the Gunnison Tunnel (U.S.G.S. gage <br /> no. 9128000) to a point one mile downstream of the confluence <br /> of the Smith Fork. TNC shall make its best efforts to amend <br /> the December 31. 1987. agreement with P &M so that this covenant <br /> not to develop may be conveyed to the CWCB as a conservation <br /> easement under sections 38- 30.5 -101. et sec., C.R.S., or <br /> -8- <br />