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<br />. <br /> <br />. <br /> <br />April <br />May <br />June <br />July <br />August <br />September <br /> <br />: Forecast dependent to 820,000 AF <br />, Forecast dependent to 820,000 AF <br />. Forecast dependent to 820.000 AF <br />829,000 AF <br />800,000 AF <br />750,000 AF <br /> <br />H. CWCB and TNC shall recog~ize and forego, to the extent <br />necessary, administration of the donated water right to allow for <br />60,000 AF of in-basin depletions which are upstream and junior to <br />the Aspinall Unit regardless of what form the 60,000 AF sub- <br />ordination finally takes and which form may include termination <br />of the 60,000 AF subordination in its present form. <br /> <br />I. In the event of an emerg$ncy at the Aspinall Unit, or <br />on the Gunnison River mainstreamd6wnstream of the Aspinall Unit, <br />the U.S. Bureau of Reclamation caniimmediately interrupt the <br />instream flow for the minimum time required to safely respond to <br />the emergency. <br /> <br />J. Diligence applications on storage rights within the <br />instream flow segment decreed prior to June 30, 1990 shall not be <br />considered injurious to the donateq water right. This provision <br />of the decree shall also apply to the water rights indicated in <br />Appendix 1 attached to the Tri-Sta~e stipulation with CWCB dated <br />September 14, 1994. <br /> <br />CONCLUSIONS OF LAW <br /> <br />5. The court incorporates the for~going Findings of Fact to the <br />extent that these findings may constitute conclusions of law. <br /> <br />6. The court has jurisdiction ovet all persons, entities and <br />owners of property affected hereby, whether those persons, <br />entities and owners of property have appeared. The resume of the <br />applications in this case complied with all statutory provisions <br />for notice in a water matter and was thus adequate in all re- <br />spects to place such persons and entities on inquiry notice of <br />the relief granted herein. ' <br /> <br />7. The applicant has complied wit~ all requirements and met all <br />burdens of proof to adjudicate itsjproposed change of water right <br />and to make its conditional water right absolute and is therefore <br />entitled to a decree confirming and approving the change of water <br />right and confirming and recognizing its claimed water right as <br />absolute. ' <br /> <br />10 <br />