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<br />. '. ..' <br /> <br />'. . " <br /> <br />" District; the Uncompahgre Valley WaterUs~rs Association, the Upper Gunnison <br />Water Conservancy District, the City and County of Delta, and Redlands Water <br />and Power Company, on Aspinall Unit project operations "for the upcoming season <br />regarding the delivery of the CWCB right.! Nothing in the consultation process <br />. will divest the Bureau of Reclamation of its obligation to operate the Aspinall Unit <br />. in furtherance of its authorized purposes and obligations, and the Bureau of <br />Reclamation shall operate the Aspinall Unit consistently with the term~ of this <br />agreement. ". . . <br /> <br />Base Flow 300 cfs 26 out of 26 years . <br />Shoulder Flow 300 - 1000 cfs 22 out of 26 yearS <br />Low P.e.ak. Flow. 2000 .- 5000 .cfs. " 8. ou~ of26year~ <br /> .. <br />Medium Peak Flow 5000 - 10000 cfs , 6 out of 26 years <br /> . " <br />High Peak Flow 10,000 + cfs 3 out of 26 years <br /> <br />ii. The National Park Service has detemiined that the reserved water right' of 300 cfs, <br />as described in Paragraph lea), and the instream flow right under Colorado law, as <br />. described in Paragraph 1(b), and the enforcement right described in Paragraph ICc) <br />below, shall provide adequate and permanent protection of the Black Canyon of <br />the Gunnison National Park. The Bureau "of Reclamation will deliver the flows of <br />the Gunnison River in accordance with the CWCB instream flow right with the <br />2003 . priority date described in Paragraph I (b), to'the extent that such flows have <br />not been appropriated by senior water rights holders under Colorado law, to the <br />extent that such flows are not subject to appropriation by the Aspinall Unit under <br />the authorized purpos~s, and to the extent that such flows do not impair the <br />structural integrity of the Aspinall Unit. <br /> <br />., . <br />c. A binding Memorandum of Agreement (MOA) shall be established among the National <br />. Park Service, the Bureau of Reclaination and the State of Colorado within 120 days of the.. <br />. date of the last signa1;ure on this agreement regarding enforcement and protection of the <br />. instream flow right referred to it). Paragraph I (b). The National Park Service shall have <br />authority to enforce and protect the instream flows consistent with state law should the <br />CWCB fail to do so.' The implemeiltation of this enforcement autho~ty shall be spelled <br />out in the MOA. . . <br /> <br />, ' .< , <br /> <br />. " <br /> <br />. . . !This consultation. may be in addition to the current public meetings Rec1ai.nati~n holds on <br />the Aspinall Unit three times each year (usually January, April and August) or, ifthe'parties agree,":. <br />"can occur simultaneously to the public"mee~ing h;eld in April. ' <br /> <br />, ,~' <br /> <br />", <br />