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. '1 t., L: :, I ~ ,I rights and the District storage right only at such times and to the degree necessary to assure: (1) That stream gains to the river below Trinidad Dam which are divertible to the District irrip;able area and such reservoir inflow which is bypassed to the river for District irrigation use will be equitably distributed to the District irrigable area as part of the allocated District water supply . (2) That the District storage right can be fully exercised to store reservoir inflow in excess of that bypass to the river as may be required under D.l.(a) and D.3.(a)(1) above. . (b) During the irrigation season water stored in the irrigation capacity will be released as needed to fuli'ill or partially fulfill the irrigation require- ments of the District irrigable area as part of the allocated District water supply. (c) During the irrigation season, when the irrigation capacity 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 right as in D.3.(a)(2) above. 4. Evaporation and See-r:ag"e losses In the accounting for water in storage, evaporation and see~ age 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 c.ooper- ation of the operating agency. Article V - FISHERY AND RECREATION . The penuanent fishery pool shall be operated in accordance with the following principles: 10