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<br /> <br />" <br /> <br /> <br />. <br /> <br />. <br /> <br />, <br /> <br />River to the extent the same will probably fill from other <br />sources as determined by mutual agreement between the River <br />District and Subdistrict. In the event of disagreement, such <br />dete:cnination shall be made by the Division Engineer, Water <br />Division No.5. Provided, further, however, that to the <br />extent that vacant capacity in Una Reservoir is created by <br />power releases only, and the water so released not beneficially <br />consumptively used in Colorado, that capacity shall be subor- <br />dinated to the Windy Gap Project. This Agreement not to call <br />shall become ineffective, except as to the capacity in Una <br />Reservoir created by water releases for power purposes only, <br />in the event of release by the Water Court of Subdistrict I s <br />duty to construct Azure Reservoir and Power Project, or its <br />alternate facility. Further, Subdistrict will not oppose any <br />present or future applications of River District in Water <br />Division 5 and 6 unless the same may affect the administration <br />of the Subdistrict I s Windy Gap water rights on the main stem <br />of the Colorado River. <br />24. Subdistrict agrees to bypass at the Windy Gap <br />Reservoir diversion site at all times the lesser of the <br />following: (1) Such amount as may be necessary to satisfy <br />all senior decrees of the Ranchers and to provide such minimum <br />stream flow in that stream segment of the Colorado River <br />below the Windy Gap Project and above the confluence of the <br />Blue River and the Colorado River as may be determined by the <br />Colorado Division of Wildlife and subsequently decreed to the <br />Colorado Water Conservation Board pursuant to C.R.S. 1973, <br />37-92-102(3), or (2) the natural flow of the river at the <br />Windy Gap Reservoir diversion site if the natural flow is <br />less than (1) hereof. It is the intent of the Parties that <br />the amount of bypass by Subdistrict contemplated herein is <br />based upon valid existing decrees and shall not be increased <br />by future changes in stream regimen caused by changes in point <br />of diversion, changes in type, place or extent of use, or <br /> <br />0932 <br /> <br />-17- <br /> <br />, <br />