Minimum Flow. The period of use of the United States' water rights for minimum flows set forth in Article II.A.3. shall be from April 1 through November 30 of each year.
Minimum Flow. The United States' water rights for minimum flow are measured at the points set forth in Article II.A.3.
Minimum Flow. Minimum flow to address downstream assimilation needs are discussed in Article FL2, paragraph 4.0 of this agreement.
Minimum Flow. Subject to the provisions of Article III.C.1., the United States has a water right for minimum flows on Red Rock, Xxx and Xxxxx Xxxxxx as follows:
a. Red Rock Creek: 15 cfs, measured at NE SE NW Sec. 17, T14S, R1E;
b. Xxx Creek: 1.4 cfs, measured at the county road in SW NE NE Sec. 25, T14S, R1W;
x. Xxxxx Creek: 11 cfs, measured at the county road in SW SW SE Sec. 24, T14S, R2W.
Minimum Flow. Subject to the provisions of Article III.C.1. setting forth the means to satisfy the minimum flow rights for the Refuge and the subordination provisions of Article II.B.2.b., the United States has a priority date of October 30, 1888, for the 15 cfs minimum flow on Red Rock Creek; June 15, 1894, for the 1.4 cfs minimum flow on Xxx Creek; and June 28, 1889, for the 11 cfs minimum flow on Xxxxx Creek.
Minimum Flow. The water rights for minimum flows on Red Rock, Xxx and Xxxxx Xxxxxx set forth in Article II.A.3. of this Compact are subordinate to the following rights upstream from the Refuge:
(1) any right for the purpose of domestic use;
(2) any right for the purpose of instream stockwatering; and
(3) any change in use of a water right for the purpose of instream stockwatering to off-stream stockwatering that does not result in an increase in the historic consumptive use of water.
Minimum Flow a. Minimum flow rights set forth in Article II.A.3. may be satisfied through cooperative agreements entered into by the FWS and any person holding a water right with a point of diversion on Red Rock, Xxx or Xxxxx Xxxxxx or their tributaries upstream of the Refuge. The FWS may, on agreement with the parties to a cooperative agreement, modify an existing agreement. The FWS may enter into additional cooperative agreements after the effective date of the Compact. Modification of a cooperative agreement or entry into a new cooperative agreement shall not be considered a modification of the Compact. As between the FWS and signatories to cooperative agreements, the FWS will use its best efforts to seek satisfaction of the minimum flow rights pursuant to the cooperative agreements prior to resorting to remedies set forth in Article III.C.2.
b. Prior to seeking satisfaction of the minimum flow, the FWS shall cease its own diversions, if any, from:
(1) Red Rock Creek and its tributaries upstream from the point of measurement when measured flow is approximately 25 cfs;
(2) Xxxxx Creek and its tributaries upstream from the point of measurement when measured flow is approximately 20 cfs; and
(3) Xxx Creek and its tributaries upstream from the point of measurement when measured flow is approximately 5 cfs.
c. On acquisition by or transfer to the FWS of any water right subject to a cooperative agreement, the FWS will continue to exercise the water right in a manner that satisfies the minimum flow at least to the degree set forth in the cooperative agreement, and the provisions of Article III.C.1.b. requiring curtailment of FWS diversions shall apply.
d. In the absence of a cooperative agreement, the FWS may seek curtailment of a water use to satisfy the minimum flow by resort to a court of competent jurisdiction pursuant to Article
Minimum Flow. The parties recognize the County’s South Central service area will be supplied through three Points of Connection upon completion of the Pipeline Project, and agree to use best efforts to operate all Points of Connection in conjunction to minimize water age for water delivered to each Point of Connection.
