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. . . 1627 (3) Winter water under the direct flow rights shall be accounted separately from the 20,000 acre-feet Model storage right, shaH be stored in the irrigation caoacitv (initially about 59,000 acre-feet) and shall not be diminished by any water stored under the 1908 priority for the 20,000 acre.feet "Model storage right", nor shall the 1908 priority for 20,000 acre.feet be diminished by any amount of water stored in winter water under the direct flow rights. 3. District Operation - Irrigation Season (a) During the irri~ation season, except at such times as provided for in IVD.3.(c) below, the District shall exercise the direct flow water rights and the District storage right only at such times and to the degree necessary to assure: (I) That stream gains to the river below Trinidad Dam which are divertible to the District irrigable area and such reservoir inflow which is available to the District for irrigation and M & I use will be equitably allocated to the District irrigable area as part of the District water supply. (2) That the District storalo'e rights can be fully exercised to store reservoir inflow in excess of that bypass to the river as may be required under D.!. ( a) and D.3.(a)(1) above. (b) During the irrigation season, water stored in the irri~ation capacity will be released as needed to fulfill or partially fulfill the irrigation requirements of the District irrigable area or, as designated by the City of Trinidad, made available for M & I purposes or the permanent fishery 1Jool as provided in paragraph B.3. of this Article. (c) Subject to the special provisions of the Model and Hoehne contracts, during the irrigation season, when the Irrigation caQacity is empty as determined by the District, the District will relinquish its exercise of the direct flow water rights provided that if the reservoir inflow and stream gains below Trinidad Dam which are divertible to the District Irrigable area exceed the Irrigation requirement and such excess is storable under the District storage right, the District will resume the exercise of the direct flow rights and exercise of the District storage ri~ht as in D.3.(a)(2) above. 4. Evaporation and Seepage Losses In the accounting for water in storage, evaporation and seepage losses due to water stored in the irrigation capacity shall be determined using the most recent data available by the Colorado State Engineer and the District with the cooperation of the operating agency. Article V - FISHERY AND RECREATION 10