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<br />. <br /> <br />. <br /> <br />(a) 12.5 percent of the historical maximum <br />diversion for the same day; and <br /> <br />(b) any increases over that historical <br />maximum diversion oGcasioned by the lawful <br />storage of water i~ Ridgway Reservoir and <br />the consequent inc~eased channel capacity <br />in the Uncompahgre River; <br /> <br />provided, that the maximum diversion shall <br />not exceed a total of 1,300 c.f.s. <br /> <br />(2. Diversions under the UVWUA's Gunnison Tunnel <br />conditional right of 900 c.f.s. de~reed in 82CW324 in the Water <br />Court for Water Division 4 on March 21, 1984 and the conditional <br />right of 235 c.f.s. decreed in 87CW273, in the Water Court for <br />Water Division 4 on October 5, 19?8', (collectively referred to as <br />the "Junior Decrees"), which do not exceed, and which are coinci- <br />dental with and not in addition to, diversions under the Senior <br />Decree shall also have priority over the donated water right. <br /> <br />(3. The donated water right shall have priority over <br />the Junior Decrees and shall be entitled to any water in excess <br />of the requirements of paragraphs ~. D. 1 and 2 for instream <br />purposes within the instream flow segment to the extent that: <br /> <br />(a) Such excess water does not exceed the <br />rate of flow set forth in the decree ap- <br />proving the change 'of use to instream pur- <br />poses or does not ~xceed 200 c.f.s. on any <br />given day when the ;rate of flow of Tomichi <br />Creek at the gauge inear Gunnison (USGS <br />gauge No. 9119000) ifalls below the measured <br />rate of flow on th~ same day during the <br />period that commenqed on April 1, 1977, and <br />ended on March 31, 1978, as shown on Exhib- <br />it B attached hereto; and <br /> <br />(b) The donated water right is in priority <br />as against any oth~r water rights which can <br />avail themselves of such excess water. <br /> <br />(4. In the event of a judicial determination in the <br />future that a federal reserved right for minimum flows or in- <br />stream uses exists within all or a~y part of the instream flow <br />segment or in the event of the transfer by the CWCB of a water <br />right acquired by TNC from P&M other than the donated water right <br />to all or any part of the instream;flow segment for instream <br />purposes, and if such federal reserved or transferred water right <br /> <br />6 <br />