NPS Black Canyon Res Rt 4-01CW05

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~ " Upper Gunnison Water Conservancy District, the City and County of Delta, and Redlands Water and Power Company, on Aspinall Unit project operations for'the upcoming season regarding the delivery of the CWCB right.1 Nothing in the consultation process will divest the Bureau of Reclamation of its obligation to operate the Aspinall Unit in furtherance of its authorized purposes and obligations, and the Bureau of Reclamation shall operate the Aspinall Unit consistently with the terms of this agreement. Base Flow 300 cfs 26 out of 26 years Shoulder Flow 300 - 1000 cfs .22 out of26 years Low Peak Flow 2000 - 5000 cfs 8 out of 26 years Medium Peak Flow 5000 - .10000 cfs 6 'out of 26 years High Peak Flow 10,000 + cfs. 3 out of 26 years ii. The National Park Service has detenbined that the reserved water rightof300 cfs, as described in Paragraph l(a), and the instream flow right under Colorado law, as described in. Paragraph 1 (b), and the enforcement right described in Paragraph 1 (c) below, shall provide adequate and perm:anent protection of the Black Canyon of the Gunnison National Park. The Bureau of Reclamation will deliver the flows of the Gunnison River in accordance with the CWCB instream flow right. with the 2003 priority date described in Paragraph 1 (b), to the extent that such flows have not been appropriated by senior water rights holders under Colorado law, to the . extent that such. flows are not subject to app~opriation by the Aspinall Unit under the authorized purposes, and to the extent that such flows do not impair the structural integrity of the Aspinall Unit. c. A binding Memorandum of Agreement (MOA) sh~l be established among the National Park Service, the Bureau ofRecla.mation and the State of Colorado within 120 days ofthe. date of the last signature on this agreement regarding enforcement and protection of the instream flow right referred to in Paragraph 1(b). The National Park Service shall have authority to enforce and protect the instream flows consistent with state law should the CWCB fail to do so. The implementation of this enforcement authority shall be spelled out in the MOA. IThis consultation may be in addition to the current public meetings Reclamation holds on the Aspinall Unit three times each year (usually January, April andAugust)or, if the parties agree, can occur simultaneously to the public meeting held in April.