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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />During the summer storage season, whenever inflows to the reservoir exceed <br />the requirements of District 67 ditches by a specified amount, all inflows accrue <br />to conservation storage and reservoir releases may be made only from agreement <br />accounts. Within 48 hours of the start of summer conservation storage, water <br />is released into agreement accounts at a specified rate. At the time the <br />Conservation Pool is again exhausted, the storage condition is no longer in effect, <br />and reservoir inflows are again released through the dam. At this point, ditches <br />may utilize both the river flow and request releases of account water. <br /> <br />The effect of the Operating Agreement is to create two operating conditions <br />for the reservoir. During the winter storage season, and when summer storage <br />is in effect, all inflows to the reservoir are being stored in the Conservation <br />Pool and all releases are being made from agreement accounts. Under this <br />condition, District 67 ditches are removed from the Colorado priority system <br />and upstream junior water users also gain benefits from John Martin Reservoir. <br />When river conditions and exhaustion of the Conservation POQI dictate that river <br />flow in the summer season be passed through the reservoir, District 67 ditches <br />may again be operated under the priority system. The extent to which this second <br />condition affects ditch priorities either within District 67 or upstream districts <br />has been the subject of annual renegotiation of the 1980 Operating Agreement. <br />Essentially, these new agreements change the ability of an individual ditch to <br />exercise its priority rights, depending on the amount of storage in the various <br />agreement accounts. Since these specific agreements have changed from year <br />to year, it is not practical to address them in greater detail. <br /> <br />In addition to agreement accounts for the District 67 ditches and Kansas, <br />the Operating Agreement allows for the creation of "Other Water" accounts in <br />John Martin Reservoir to more efficiently utilize storage space. "Other Water" <br />is typically any water stored in an account at John Martin Reservoir which does <br />not originate under a pre-compact District 67 water right. Under the Operating <br />Agreement, ."Other Water" has a lower storage priority than the Conservation <br />Pool, District 67 agreement accounts, and Kansas agreement accounts. In addition, <br />it is subject to spilling when the conservation capacity is exceeded and may be <br />charged a trl!nsit loss penalty as specified in the plan. <br /> <br />-4- <br />