BOARD01975

• Board Meeting Date: 11/25/2002
• Description: WSP Section - Black Canyon Reserved Water Right, Case No. 4-01CW005
• Board Meetings - Doc Type: Memo

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4, The United States shall not exercise the Black Canyon Right in a manner that
adversely affects the operation of or decreases the yield of the Aspinall Unit, nor shall the
United States exercise the Black Canyon Right in a manner that adversely affects the historical
operation of the water rights identified in paragraph$ and,

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5, Without consent of the Uncompaltgre Valley Water Users Association, the United
States shall not modify historical operation of the following water rights:

a, Decree granted on May 8, 1913 in Case No, 1745 (Water District No. 62,
Montrose County) for diversions into the Gunnison Tunnel and South Canal Project in an
amount not to exceed 1,300 cubic feet per second;

b, Decree granted on April 21, '1942 in Case No, 2021 (Water District No.
59, Gunnison County) for storage in Taylor Park Reservoir in an amount not to exceed 111,230 .
acre-feet annually,

6, Without the consent of the Upper Qunnison River Water Conservancy District,
the United States shall not modify historical operation of the water right defined in the decree
granted on September 18, 1990 in Case No, 86 CWi203 for the refill of Taylor Park Reservoir in
the amount of 106,230 acre-feet annually.

7, To the extent not covered by paragraph above, the United States shall subordinate e
the Black Canyon Right to up to 60,000 acre-feet of annual water depletions in the Upper
Gunnison River Basin drainage above Crystal Dam to water rights with priorities junior or equal
to the Black Canyon Right which are exercised for beneficial use within the Upper Gunnison
River Basin upon the same terms and conditions as contained in the Agreement for the
Administration of Water Pursuant to the Subordinatjon ofWayoe N, Aspinall Unit Water Rights
Within The Upper Gunnison River Basin dated HIDe 1, 2000, Contract No, 00-WC-40-6590
(Aspinall Subordination Agreement). The subordination of the Black Canyon Right under this
paragraph shall be limited to rights covered by the Aspinall Subordination Agreement. The total
depletions to which both Aspinall Unit Rights and the Black Canyon Right are subordinated
under this paragraph shall not exceed 60,000 acre-fe~t per annum,

8, The subordination described in paragraph shall be effected by a supplement to
the Aspinall Subordination Agreement, which suppl~ment shall be executed by the United States
as quickly as possible consistent with compliance with applicable law,

9, The Black Canyon Right shall be subject to the terms of existing agreements and
commitments related to the Aspinall Unit and its water rights, including but not limited to the
following:

a, Articles of Agreement be1\yeen United States of America and the
Uncompahgre Valley Water Users Association dated December 3, 1904;

b, Amendatory Contract between the United States and the Uncompahgre
Valley Water Users Association dated December 13, 1948;

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