4-92CW107 Decree (2) - Laserfiche WebLink

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. . by TNC from P&M has priority over the Junior Decrees, the enti- tlement of the donated water right to any water within the instream flow segment shall not be asserted against the Junior Decrees to the extent that such federal reserved or transferred water right acquired by TNC from P&M has priority over the Junior Decrees, but not over the Senior Decree. The donated water right shall also not be asserted against the Senior Decree to the extent that such federal reserved or transferred water right is determined by the District Court for Water Division No. 4 or agreed by UVWUA to have priority over the Senior Decree. (5. Nothing in this decree is intended to establish as among UVWUA, TNC or CWCB whether (and if so, to what effect) paragraphs 4. D. 1, 2, 3 and 4 apply: (a) to release of stored water from Taylor Park Reservoir for direct delivery to the Gunnison Tunnel, 'or (b) to releases of stored water from Blue Mesa Reservoir pursuant to the Taylor Park Reservoir Operations Exchange Agreement among the United States of America, the Upper Gunnison River Water Conservancy District, the Colorado River Water Conser- vation District and UVWUA dated August 28, 1975 (Contract No. 6-07-01-00027); pursuant to a water supply contract for direct de- livery or delivery by exchange to the Gunnison Tunnel or to any other point; or pur- suant to a water supply contract for delivery of Blue Mesa storage water through the instream flow segment for instream purposes, or (c) to any junior instream water right appropriated by the CWCB for the instream flow segment, or (d) to the transfer of any purchased or donated water right not acquired by TNC from P&M to all or part of the instream flow segment for instream purposes. This decree shall not be conclusive on the issue, and as between UVWUA, TNC, and CWCB the parties reserve the right in any pro- ceedings hereafter, to advocate such inter- pretation of paragraphs 4. D. 1, 2, 3 and 4 with respect to the releases and other 7