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@ End Notes 25 Many irri9ators in the Upper Basin hove diversion ri9hts to 1 cfs per 40 acres decreed roughly 100 yeors ogo. These irrigators typically also have diversion ri9hts decreed in the 1940s for an edditional 3 cfs/40 acres. Irrigators assert that most of their consumotive water needs are satisfied from the older 1 cfs/40 acres decrees ond the more recent 1940s diversions ore essential to build up the water teble in the fields and to enoble the consumptive use of the crop to occur. See Helton & Williamsen, suora; based also on several conversations between the land and Water Fund and water experts in the basin (August 2001). 26 The Upper Basin hos an overage consumptive use of 101,219 AFA and 0 streom depletion of 102,094 AFA. Assuming roughly 63,000 AF ore under irrigotion and 668,000 AF ore diverted, for each acre, diver- sions ore roughly lOAF end consumption is about 1.5 AF. Helton & Williemsen, at Table 1. Recent analysis indicates that diversions per acre"feet irrigated may be significantly less. 27 In 1963, the Commissioner of Reclemetion euthorized the Bureau's Regional Director in Salt lake City to execute contracts with in-basin users junior to the Aspinall Unit, permitting the assignment to them of 60,000 AFA of Aspinall unit weter. The second Union Park trial court decision 1998, along with the Supreme Court's November 2000 decision that affirmed the trial court, judicially confirmed the subordination. See Board of County Commr's of the Ctv. of Araoohoe v. Crvstal Creek Homeoowners' Ass'n, 14 P.3d 325, 341 (Colo. 2000) ("Union Pork II"). On June 1, 2000, the State of Colorado, Bureau, Upper Gunnison District, and the River District renewed a contract first signed in 1995 that outlines procedures to allocate the subordination amounts. The United States renewed its commitment to subordinate to a IIdepletion allowance"-capping the quantity of water that may be consumed as opposed to diverted-of up to 60,000 AF of new use in the Upper Basin. The Upper Gunnison District and River District agreed to submit annual reports to Bureau listing the names, priority numbers, end diversion and depletion amounts of all diversion or storage facilities thet qualify for the depletion allowance. 28 2000 Annual Report on Subordination of the Wayne N. Aspinall Unit Water Rights Within the Upper Gunnnison Basin (October 1, 2001), at 3. 29 See h~p:/ Icdss.state.co.us (data from March 2002). 30 See Memorandum of Understanding Re9arding Accounting Procedures for Gunnison River Administration Uune 1, 2002). 31 See Colorado Water Control Board ("CWCB"), Gunnison River Fact Sheet, on-line at h~p:/ Icwcb.state.co.us. 32 Draft Management Plan, Executive Summary, at 1; see also Gunnison County Chamber of Commerce on. line references et www.cLgunnison.co.us/community.develop/Demographics/ Demographics.hlm (noting that 1998 population of Gunnison County was 13,3221. 33 See CWCB Gunnison Basin Fact Sheet at h~p:/ Icwcb.state.co.us. 34 Phone conversation with Mark Schumacher, owner of the Three Rivers Resort in Almont, Colorado Uune 28, 20021. 35 Draft Management Plan at 2-5. 36 !rL .60. The land and Water Fund of the Rockies