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the Raw Water Booster Pump, including but not limited to depletions allowed under water rights and augmentation plans decreed to the Authority as of the date of this MOA and resulting augmentation requirements. If the Authority does not meet its obligations identified in this MOA, then the CWCB will not consider such discharges to occur at or above the Raw Water Booster Pump. 2. At times when the flow of the Eagle River immediately downstream of the Metcalf Ditch Headgate is less than the current amounts decreed to the ISF as a result of diversions by the Authority, the Authority shall, when physically possible, divert at the Raw Water Booster Pump the water it would otherwise have diverted at the Metcalf Ditch Headgate. This provision is limited to the physical capacity of the Raw Water Booster Pump and shall not in any manner be construed as a subordination of any of the Authority's water rights to the ISF. In the event a final, unappealable judgment is entered by any court finding that this MOA constitutes a subordination of any of the Authority's water rights to the ISF, this MOA shall become null, void and of no further force or effect. 3. Nothing in this MOA shall be construed as a subordination ofthe CWCB's ISF right to any other water rights(s). In the event a final, unappealable judgment is entered by any court finding that this MOA constitutes a subordination ofthe CWCB's ISF right to any other water right, this MOA shall become null, void and of no further force or effect. In the event this MOA becomes null and void because of a court finding that the MOA constitutes a subordination of a party's water rights, then the parties shall cooperate in good faith to develop a substitute agreement that accomplishes the mutual objectives of the MOA in a manner that does not constitute a subordination. This MOA shall not prohibit or otherwise preclude the CWCB from participating in any future water cases or enforcing the terms of this MOA or other decrees as long as such participation is not inconsistent with the terms of this MOA. 4. The Authority agrees that it will not initiate any action that will result in the permanent reduction of the capacity of the Raw Water Booster Pump. This MOA is also not intended to affect the operation of the Edwards Drinking Water Facility Diversion or the Authority's other diversion points. 5. The Authority and/or District shall maintain the improvements made by the Authority in the Eagle River in connection with the construction of the Raw Water Booster Pump and shall consult with the Colorado Division of Wildlife to ensure that said improvements fully achieve the intended purpose of concentrating and directing flows to the north bank of the river at times oflow flows to enhance fish passage and improve the flow of water into the Raw Water Booster Pump. At a minimum, the Authority and/or District shall maintain said improvements to comply with Special Condition #2 of the Dept. ofthe Army Permit No. 199575126 issued to the Authority in connection with the construction of the Raw Water Booster Pump diversion structure and the improvements described above, particularly the requirement that the depth of the streambed along the shoreline be maintained to allow sufficient velocity to scour sediment. 6. The Authority and/or District shall provide the DOW with all plans and specifications for the new Avon Plant outfall upon completions of such plans and specifications. 7. The parties shall provide a copy of this MOA to the Division Engineer for Water Division 5 and request that the Division Engineer give the MOA full force and effect in administering diversions at the Raw Water Booster Pump in relation to the ISF in accordance with paragraph I above. In the event that the Division Engineer does not give the MOA full force and effect, then any party may petition the District Court in and for Water Division No.5 to issue an order to the Division Engineer to give the MOA full force and effect. . . .