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<br />Jencsok: <br /> <br />Ms. <br /> <br />Jackson: <br /> <br />Simpson: <br /> <br />Jackson: <br /> <br />Jencsok: <br /> <br />e <br /> <br />e <br /> <br />Gene what are the specifics that the Service would like incorporated into <br />the MOU as far as enforcement that--what are they talking about? <br /> <br />Maybe I'll let Tyler speak to that. <br /> <br />I don't think we have worked it out. We've discussed it preliminarily with <br />I think Wendy Weiss and we did discuss that we recognize that we have to <br />be in agreement and the State enforce it because under state law we--this <br />is different than a donation so we're--if it were to be a donation under <br />state law we could probably do something similar to, like we've said, in <br />Ruedi with the United States having independent right to enforce. In this <br />I think what we would be talking about is the right to enforce the contract <br />right against the state and the state would say it would enforce as opposed <br />to independent right in the United States and so I would--we haven't <br />worked it out, we don't really know, we are saying is that because the Fish <br />and Wildlife Service has relied, will rely that we need to have something <br />so show to say we reliance is not misplaced. <br /> <br />Any further questions? Hal <br /> <br />Excuse my lack of understanding of your policy but what is your policy if <br />this right is obtained as against senior undecreed exchanges? Would you <br />recognize those or do you only recognize decreed exchanges? <br /> <br />Gene <br /> <br />I think the statute clearly requires us to recognize certain things in making <br />an appropriation, undecreed exchanges are one of those. Reliance on <br />transmountain water so a number of statutory requirements that we have <br />to follow in making an appropriation and that's one of them. So we do <br /> <br />8 <br />