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<br /> <br />77 See 1998 Water Court Opinion, Qt 49, 1186 lemphasis added). <br /> <br />78 Assignment at 2 (emphasis added). <br /> <br />79 1991 Water CQurt OpiniQn, at 26,1152 (emphasis added). <br /> <br />80 1998 Water Court Opinion ct 9, 1I14.c.5; id. at 67, 1I121.c. <br /> <br />81 Motion for Amendment of Findings in Case No. 88CW178 (MQY 18, 1998) Qt 3. <br /> <br />82 JsL at 4. <br /> <br />83 Crystal Creek's Response to Motion for Amendment of Findings Uune 3, 1998) pp. 2-3. <br /> <br />84 Order Regarding Motion for Amendment of Findings Uune 18, 1998} at 2 (emphasis addedl. <br /> <br />85 Union Park II, 14 P.3d at 341. <br /> <br />86 Id. at 342. <br /> <br />87 Id. at 341-42. <br /> <br />88 Black's law Dictionary (6th ed. 1990). <br /> <br />89 leffer from River District to Secretary Norton (Aug. 15,2001) at 5. <br /> <br />90 Tri-State's rights, with a conditional priority date of April 5, 1948, hcve survived their most recent dili. <br />gence proceedings, with their next one scheduled for June 2003. See 95CW54 (Civil Actian No. 3503). <br /> <br />91 Drcft Monagement Plcn, ct 4-16; 1998 WQter Court OpiniQn, ot 40, 11 92. <br /> <br />92JsL <br /> <br />93 The Uncompahgre Yclley HydrQelectric Project hQS a conditional right tQ 900 cfs (priority date 19811 fQr <br />the use of the Gunnison Tunnel for hydroelectric purposes. See 1998 Wcter Court Opinion at 33, 1I70(c); at <br />40, 1191 . Arapohoe County also holds Q IQrge conditional decree, acquired from the Natural Energy <br />Resources Compony (NECO), to store 325,000 AF (priority dale 1982) in the proposed Union Pork project, <br />above and to the southeast of Taylor Park, and associated direct flow and hydroelectric power generation <br />rights. Because this conditional decree relied upon the now defunct Union Park project, it will be dismissed <br />at its next diligence proceeding. <br />The AB lateral Hydroelectric Project holds a conditional right at the Gunnison Tunnel for 235 cfs <br />(priority date 1984). During the irrigation season, these hydroelectric prajects would, for the most pert, use <br />water already /lowing through the Tunnel to meet UVWUA irrigation demand. But during the six months of <br />the year with liffle or no irrigation, these rights, if developed, would cause significant additional diversions <br />through the Tunnel, dramatically decreasing flows below the Aspinall Unit during the time of year with notu- <br />rally low /low. <br /> <br />94 ESA ~7Ia)(2) requires that a/l federal agencies to "insure that any action authorized, funded, or carried <br />out by such cgency . . . is not likely to jeopardize the continued existence of any endangered species or <br /> <br />..r.!A .. <br /> <br />. <br />