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• Board Meeting Date: 7/11/2007
• Description: ISF Section - Pine River Water Acquisition
• Board Meetings - Doc Type: Memo

water rights owned by the U.S. IS hereinafter, for simplification, referred to as the
TRIBE'S.

1.G. Vallecito provides a supplemental supply of irrigation water to decreed diversions that
divert from the Pine River between Vallecito and approximately the Colorado/New Mexico
state line. These diversions range from less than 10 cfs to approximately 300 cfs. When the
water rights for a diversion go out of priority, water is delivered from Vallecito to meet a
diversion's entitlement to Storage Water upon the request of a party so entitled.

1.H. The water year for Vallecito is November 1 to October 31. Vallecito Deliveries for
irrigation have generally begun in early May and ended in mid-October of each year. Except
in drought years, Vallecito Deliveries for irrigation have generally been over 200 cfs during
May through September and over 600 cfs from late May through August. Primarily because
of reduced irrigation demand, Vallecito Deliveries for irrigation are decreased in September
and October, except for a few significant late season irrigation deliveries.

1.1. Vallecito delivers domestic and/or exchange water to the Town of Bayfield, the TRIBE,
the Town of Ignacio via the TRIBE's water treatment system and over 200 wells, ponds, and
other uses. Demand for Vallecito storage water is expected to increase in the future.

1.J. PRID and the TRIBE have voluntarily made significant winter releases to the Pine
River since Vallecito was constructed.

1.K. The voluntary winter releases have historically been charged as water which could
have been stored as a portion of a Vallecito fill, i.e. a Vallecito paper fill, by the Colorado
Division of Water Resources ("CDWR").

1.L. The BOARD does not currently hold an instream flow (ISF) water right on the Pine
River downstream from Vallecito, and cannot protect current releases from Vallecito from
diversion. The BOARD wishes to provide year-round ISF protection for Donated Water in the
Pine River in the ISF Reach.

1.M. The TRIBE and PRID wish to assist the BOARD in obtaining such ISF protection by
providing Donated Water to the BOARD.

1.N. The BOARD wishes to accept the Donated Water from the TRIBE and PRID.

1.0. The purpose of this agreement is to describe the terms and conditions under which
PRID and the TRIBE will provide Donated Water to the BOARD for ISF use in the ISF Reach.
The parties acknowledge that this agreement is designed to achieve: (1) the primary goal of
PRID and the Tribe of providing a full water supply to their respective water users and (2) the
secondary goal of preserving and/or improving the natural environment to a reasonable
degree in the ISF Reach.

1.P. PRID, the TRIBE, and the CWCB have reviewed the historical hydrology for Vallecito
and the Pine River that were used in developing this Agreement. The historical hydrology
indicates that for the period 1950-2004, Winter Month average releases were (1) greater than
49 cfs for 53% of winter days; (2) between 34-49 cfs for 27% of winter days; and less than 34
cfs for 20% of winter days. The historical hydrology also indicates that in the 1950-2004

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