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Crystal Dam or Morrow Point Dam by exercising in -basin rights upstream and junior to the Aspinall <br />Unit Rights and use the diverted water downstream of Blue Mesa Dam. <br />4. As consideration for the United States' agreement to subordinate the Aspinall Unit <br />Rights to water users in the Gunnison River Basin to implement the Depletion Allowance, the Upper <br />Gunnison District agrees to represent the various individuals and entities who use water upstream <br />of Blue Mesa Dam by exercising in -basin rights upstream from and equal or junior in priority to the <br />Aspinall Unit Rights. <br />5. If water is being diverted under the Upper Gunnison District Rights during a time <br />when there exists a shortage of supply such that the Division Engineer is required, because of <br />identical priority dates, to apportion the water available for diversion between the Aspinall Unit <br />Rights and the Upper Gunnison District Rights, the United States agrees to subordinate the Aspinall <br />Unit Rights to the Upper Gunnison District Rights in an amount sufficient to provide for a diversion <br />of the full decreed amount of the Upper Gunnison District Rights under which diversions are being <br />made. Proportional depletions attributable to diversions having equal priority to the Aspinall Unit <br />Rights which would otherwise be called out by Aspinall Unit Rights but are made by the Upper <br />Gunnison District Rights pursuant to this paragraph are included within, and not in addition to, <br />subordination of the Aspinall Unit Rights to up to 40,000 of of annual water depletions in the <br />drainage above Blue Mesa Dam. <br />6. The depletions against which the United States foregoes its right to call under this <br />Agreement shall be charged by the Colorado State Engineer against the annual fills of Crystal <br />Reservoir, Morrow Point Reservoir and/or Blue Mesa Reservoir (including the second filling ofBlue <br />Mesa Reservoir), and/or the exercise of the related direct flow hydropower rights (depending on <br />which of the Aspinall Unit Rights are then being exercised) in the amounts specified in paragraph <br />2. <br />7. Water consumptively used under water rights benefitting from this Agreement and <br />used within the Gunnison River Basin through evapotranspiration, reservoir evaporation, irrigation, <br />industrial, domestic and other beneficial uses shall be appropriate uses of the Depletion Allowance. <br />Water which is diverted and ultimately returns to the stream and then is available for use pursuant <br />to the Aspinall Unit Rights shall not be considered a depletion and, therefore, not a use of the <br />Depletion Allowance. <br />8. Within one year after the date of this Agreement the River District and the Upper <br />Gunnison District shall provide to the Bureau of Reclamation in Grand Junction, Colorado, or any <br />other location designated by the United States, and to the Colorado State Engineer and Division 4 <br />Engineer, an initial Report listing the names of the diversion or storage structures and priority or <br />administration numbers of the diversions in the areas represented by them which qualify for <br />subordination of Aspinall Unit Rights under the Depletion Allowance described in this Agreement, <br />together with an estimate of the total amount of annual diversions (in af) and an estimate of the total <br />amount of related annual depletions (in af) by the listed structures. The estimates of diversions and <br />W <br />