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<br />-! <br /> <br />v <br /> <br />. <br /> <br />Added Agenda Item <br />May 29, 1991 <br /> <br />a) The Board must limit its call to 200 cfs anytime the live <br />storage contents are less than those shown therein. <br />Otherwise, the Board can call for the full 300 cfs. <br /> <br />b) The decree approving. the change to instream flow is <br />subject to reconsideration if the Blue Mesa live storage <br />content targets contained in the stipulation are <br />modified. <br /> <br />c) To the extent that water rights for the Aspinall unit are <br />either administered or not administered against the <br />60,000 AF subordination the CWCB shall forego <br />administration of the donate right to the same extent. <br /> <br />Discussion <br /> <br />. <br /> <br />Condition (a) is the same limitation Board staff is suggesting <br />be imposed on the donated right in order to be reasonably assured <br />that the satisfaction of the minimum flow will not unnecessarily <br />call water past the Aspinall units during times when Aspinall is <br />trying to conserve storage. Condition (b) is reasonable should the <br />general operating principles for Aspinall change. Staff sees <br />condition (b) as being a two-way deal. Condition (c) is the same <br />language as approved by the Board in paragraph 20 of the June 30, <br />1990, agreement. However, because condition (c) could represent a <br />selective subordination it is suggested that the Attorney General's <br />Office not. sign the stipulation but rather the Board, as it did <br />with Aurora, pass a motion approving the stipulation and send a <br />written letter to the parties so stating. <br /> <br />Finally, it is staff's understanding that the stipulation has <br />been recommended for approval by legal counsel for the City of <br />Gunnison, and that a letter so stating should be available at the <br />Board meeting. Formal action approving the stipulation by the <br />Gunnison city council is not anticipated until June 4, 1991. <br /> <br />Recommendation <br /> <br />Given that the proposed stipulation embodies what the Board <br />has already done or what Board staff is proposing, it is <br />recommended that the Board approve the attached stipulation by <br />formal motion and that a written letter be sent to TNC and the <br />UVWUA approving the stipulation upon receiving official notice of <br />actions taken by the Gunnison City Council which approve the <br />stipulation. <br /> <br />DRS/gl <br />Attachments <br /> <br />2 <br /> <br />. <br />