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<br />AGREEMENT <br /> <br />In consideration of the above recitals and t~e mutual covenants contained herein, and other good . <br />and valuable consideration, the receipt and!sufficiency of which is hereby acknowledged, the <br />Parties agree as follows: i <br /> <br />, <br /> <br />I. Recitals. The Recitals set forth above ate material facts that are relevant to and form the basis <br />for the Agreement. 'I <br /> <br />2. Definitions. As used un this Agreement,I, the following terms have the following meanings: <br /> <br />A. Activities. Those weather modification practices, performances, transactions, studies, <br />research, operations, or other action$ undertaken pursuant to this Agreement or any <br />amendments therc::to. . <br /> <br />B. Colorado River System. This term shall have the meaning as set forth in Article Il(a) <br />I <br />of the Colorado River Compact of 1 ~22 and as interpreted by any federal court having <br />jurisdiction within the Ninth or Tenql Circuits ofthe United States Courts. <br /> <br />C. Director. The Executive Director of the Colorado Department of Natural Resources. <br /> <br />, <br />D. Evaluation Component. A scientific study by a third-party assessing the effectiveness <br />I <br />of Operations in increasing snowpack. <br />I <br /> <br />E. Exhibit. A description of weather modification operations, evaluation and other <br />Activities and funding commitments; for a Water Year, to be executed by the Parties as an <br />amendment to this Agreement. <br /> <br />. <br /> <br />F. Funds. Those monies contributed by the Lower Basin Parties to the CWCB for its <br />administration and disbursement for !Activities pursuant to this Agreement. <br /> <br />G. Operations. Winter orographic cloud seeding by professional operators which hold <br />permits granted by the CWCB, excluding cloud seeding conducted for purposes other <br />than increasing snowfall. I <br />I <br /> <br />H. Program Sponsors. Local agencies within the State of Colorado which fund cloud <br />seeding projects in their service areJ or areas of jurisdiction. <br />I <br /> <br />I. Water Year. The period of time from October I of any calendar year for a 12-month <br />period ending September 30 of the nJxt calendar year. <br /> <br />3. Consistency with Existing Law. The PartIes intend operation of this Agreement to be <br />consistent with existing law, including but ndt limited to the Colorado River Compact, the <br />Boulder Canyon Project Act as interpreted b~ the U.S. Supreme Court in Arizona v. California. <br />126 S.Ct. 1543 (2006), the Colorado River B~sin Project Act of 1968 (43 U.S.C. 99 1551 and <br />1552(a)), and all related rules or regulations. . <br /> <br />. <br /> <br />4 <br />