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<br />, <br /> <br />. <br /> <br />. <br /> <br />F. Iniury Analysis. If operated pursuant to the opera- <br />tional plan set forth in paragraph 3. E. and subject to the terms <br />and conditions of paragraph 4, ~he change described in this <br />decree can be accomplished in such a manner so it will not <br />injuriously affect the owner of or persons entitled to use water <br />under a vested water right or a decreed conditional water right. <br />This change will not increase the draft on the river beyond that <br />contemplated by the original conditional water right. <br /> <br />4. Terms and Conditions to Protect Vested and Conditional Water <br />Riaht Users. <br /> <br />A. As of January 22, 1992, the CWCB shall not call the <br />donated water right against any existing water uses, exchanges <br />and decreed junior conditional water rights for which facilities <br />have been constructed or which are substantially under construc- <br />tion within or upstream from the specified instream flow reach. <br />Furthermore, CWCB shall not exercise the donated water right in a <br />manner which would impair or in any way inhibit the operation of <br />an existing or future exchange beyond the extent of the contem- <br />plated draft of the original conditional right. <br /> <br />B. The absolute water users in the instream flow segment, <br />namely the Shinn Ditch, are acknowledged to be senior to the <br />donated water right. <br /> <br />C. CWCB shall not assert inundation of the instream flow <br />reach by the junior conditional water rights within the instream <br />flow segment to be injury to the instream flow water rights. <br />This provision of the decree shall also apply to the water rights <br />indicated in Appendix 1 attached to the Tri-State stipulation <br />with CWCB dated September 14, 1994. <br /> <br />D. The following terms concern the relationship between <br />the donated right and water rights diverted at the Gunnison <br />Tunnel which are owned or controlled by the Uncompahgre Valley <br />Water Users Association ("UVWUA"): <br /> <br />(1. As between the donated water right and the <br />UVWUA's Gunnison Tunnel absolute right of 1135 c.f.s. and condi- <br />tional right of 165 c.f.s. decreed in Case No. 1745, District <br />Court of Montrose County, May 8, 1913 (hereinafter referred to as <br />the "Senior Decree"), the Senior Decree shall have priority and <br />shall be entitled to divert, for any given day, the historical <br />maximum diversion under the Senior Decree for that same day as <br />shown on Exhibit A attached hereto plus: <br /> <br />5 <br />