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<br />79. The use of the active storage capacity of Taylor Park <br />Reservoir, in conjunction with the Aspinall Unit, has been <br />essential in order to achieve the benefits listed in Paragraphs 74 <br />and 75 above. The stabilization of flows under the 1975 Agreement <br />has benefitted the following: <br /> <br />a. downstream irricrators by reason of easier headgate <br />management and higher river flows; . <br />b. fisheries, in that the spawn and fry life stages are not <br />disrupted by changes in flow and flows are established within <br />an optimum range for all life stages; <br />c. landowners, by virtue of the reduction in the frequency <br />and severity of flooding; and <br />d. recreational users, in that river flows are more <br />predictable, and useable boating flows occur more frequently. <br /> <br />80. The 1975 Agreement has resulted in legal benefit to third <br />party owners of irrigation water rights between Taylor Park <br />Reservoir and Blue Mesa Reservoir. Prior to the 1975 Agreement, <br />those irrigation water rights could not lawfully divert water <br />released from Taylor Park Reservoir since they were subject to <br />curtailment by the Division Engineer. The operations under the <br />1975 Agreement have made water legally available to irrigation <br />users which would not have been available in the absence of the <br />1975 Agreement. <br /> <br />4. Exchange Accounting: <br /> <br />81. After the execution of the 1975 Agreement, the United <br />States (through the Bureau of Reclamation) has accounted for the <br />exchange between Taylor Park Reservoir and the Aspinall Unit by <br />means of a formula which gives credit to the UVWUA account in the <br />Aspinall Unit for all water in excess of 20 c. f. s. which is <br />measured at the U.S.G.S. stream gauge below Taylor Park Dam. The <br />parties to the 1975 Agreement intended, and the Court finds, that <br />the water in the UVWUA account in the Aspinall Unit was stored <br />under the 1904 priority of the Taylor Park Reservoir water right. <br /> <br />a. The 20 c. f . s. exception to credits is based upon an <br />assumption by the Bureau that 20 c.f.s is the minimum bypass <br />of inflows into the Reservoir which is necessary to maintain <br />at least some live flow in the river below the dam. This <br />figure bears a reasonable relationship to the minimum river <br />flows which were historically bypassed from storage by the <br />UVWUA orior to the 1975 Agreement. The Bureau has determined <br />to credit UVWUA for all measured flows in excess of this <br />minimum bypass because this is water which is either released <br />from storage or could have been stored in Taylor Park Reser- <br />voir'in priority, but was not stored for the benefit of UVWUA <br />until it reached the Aspinall Unit. The Court finds that this <br />procedure facilitates the implementation of said Agreement <br />which requires certain flows to maintain the beneficial uses <br />for fishery and recreation described in the Agreement. [This <br />procedure is also consistent with the provisions of 537-87- <br />102(4), C.R.S. 15 (1990)] <br /> <br />35 <br />