4-92CW107 Decree

• Case Number: 92CW0107
• Stream Name: Gunnison River
• Watershed: Gunnison River
• Water Division: 4
• Water District: 62
• County: Delta
• Instream Flow Acq - Doc Type: Final Decree/Stipulations

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water rights
D. 5 as each
and correct.

descri~ed in this paragraph 4.
party ishall deem appropriate

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(6. Whenever the flow i~ the Gunnison River at the
upstream terminus of the instream f:low segment drops below the
amount of the donated water right approved for change to instream
purposes at that point, the CWCB s~all call the donated water
right as against all upstream juni~r water rights, subject to the
terms and conditions required by t~is Decree; provided, however,
that to the extent that the water ~ights for the Aspinall Unit
are not administered as against 60,iooo acre feet per year of
depletions within the Gunnison Riv~r Basin upstream from Crystal
Dam but are administered as against! any diversions out of the
Gunnison River Basin upstream from !Crystal Dam and as against any
depletions in excess of 60,000 acre feet per year within the
Gunnison River Basin upstream from ;Crystal Dam, then the CWCB may
forego administration of the water !right to the same extent.
Nothing in this Agreement shall pr~clude UVWUA from calling any
water rights. '

E. The following terms and conditions concern the rela-
tionship between TNC and CWCB:

(1. The CWCB shall protect the donated water right by
filing statements of opposition in ,the District Court for Water
Division No. 4 or by seeking injundtions or such other relief as
may be appropriate to the extent that any filing for a water
right, for a change of water right ,lor for an exchange of water
right; any other filing; or any us~ of water will result in
material injury to the donated water right; provided, however,
that injury of one percent or less ishall be deemed to not be
material for,.the. purposes of this subparagraph unless that
injury, when combined with any current or future filing or water
use, is projected to exceed one percent of the donated water
right. The CWCB shall also protect the donated water right
against claims of abandonment. Su~ject to the provisions of 4. J
and 4 E. (3., the CWCB shall not be obligated to, but may in its
sole discretion, oppose any diligertce applications or initiate or
support abandonment proceedings co~cerning other water rights.

(2. The CWCB shall not ,compromise the donated water
right without trial in any proceeding described in paragraph 4.
E. (1., without the written consent of TNC. If the matter is
tried, the CWCB shall not forego o~ waive any right of appeal
without the written consent of TNC.!

(3.
for a change of

Upon the filing fo~ a new junior
water right which ~ould inundate

water right or
the instream

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