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<br />possible adverse effects on diversions of senior downstream <br /> <br />rights brought a guarantee that the Subdistrict would build any <br /> <br />additional facilities that might be needed; concerns by the <br /> <br />U.S. Fish and Wildlife Service (FWS) and the Colorado Division of <br /> <br />Wildlife regarding potential adverse impacts on fish were <br /> <br />addressed by guaranteeing certain minimum streamflows below the <br /> <br />reservo i r si te and dona t i ng $ 550,000 to FWS for work to protect <br /> <br />two species of endangered fishes downstream in the Colorado <br /> <br />River; concerns by Grand County and the Middle Park Water <br /> <br />Conservancy District regarding availability of water for future <br /> <br />development in this area were met by agreeing to provide an <br /> <br />additional 3,000 acre-feet of water for this purpose. <br /> <br />The major issue was how to satisfy the protection provision <br /> <br />in the Conservancy Act. <br /> <br />Under the initial settlement, the <br /> <br />Subdistrict agreed to construct the Azure Reservoir and .power <br /> <br />project on the Colorado River. <br /> <br />Expected maximum capacity was <br /> <br />28,000 to 30,000 acre-feet with the water rights held by the <br /> <br />River District. <br /> <br />This agreement was modified in March, 1985 to <br /> <br />provide that the Subdistrict pay the River District a sum of <br /> <br />$10,200,000 which the District will use to plan and construct a <br /> <br />water storage project or projects in Water Division No.5 "which <br /> <br />will satisfy the Subdistrict's obligation under C.R.S. 837-45- <br /> <br />118(1) (b) (IV)... ...89 <br /> <br />In addition, the Subdistrict agreed to <br /> <br />subordinate its project water rights to permit filling of the <br /> <br />89"Supplement to Agreement of April 30, 1980," supra note 88 <br />at 12 (paragraph 17). <br /> <br />35 <br />