21

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

period, there were only two years of significant insufficient irrigation supply, 1977 and 2002,
and two other years when late season irrigation demands could not be met.

The parties acknowledge that the historical hydrology indicates that, in most years, there
should be sufficient amounts of water available to achieve both of the goals described in
Recital 1.0. However, the parties also acknowledge that the historical hydrology may not
predict future hydrology and conditions on the Pine River; i.e. there is no guarantee that past
Vallecito operations and Pine River hydrology will be duplicated in the future.

1.Q. The Colorado Division of Wildlife ("CDOW") has conducted biological evaluations of
the Pine River downstream from Vallecito Reservoir and has recommended flows of 75 cfs
for the winter, and 136 cfs for the summer as the amounts necessary to preserve the natural
environment to a reasonable degree.

1.R. The maximum amount of Donated Water allowed by this agreement to preserve the
natural environment to a reasonable degree in the ISF Reach is 136 cfs during the Summer
Months, and 75 cfs during the Winter Months. In order to provide the flow amounts
recommended by CDOW in paragraph 1.0., and to address differences between the
recommended and available flow amounts, the parties have included paragraph 7.A. in this
agreement. The CWCB has determined that the amounts provided under this agreement,
including water which may be available under paragraph 7.A., are appropriate to preserve the
natural environment to a reasonable degree.

1.5. The CDOW has reviewed the biological data it collected on the Pine River downstream
of Vallecito. Based on these data, the CDOW has recommended the following flow amounts
as those which will improve the natural environment of the Pine River downstream of
Vallecito to a reasonable degree:

. Flows from 136 cfs to a maximum of 360 cfs for May 1 through May 31.
. Flows from 136 cfs to a maximum of 720 cfs for June 1 through June 14.
. Flows from 136 cfs to a maximum of 360 cfs for June 15 through October 14.
. Flows from 75 cfs to a maximum of 140 cfs for October 15 through April 30.

1.T. The CWCB has determined that water provided by PRID and the TRIBE pursuant to
paragraphs 3.A.1.b. and 3.B.1.b. of this agreement, not to exceed the amounts set forth in
paragraph 1.S., are appropriate to improve the natural environment to a reasonable degree in
the ISF Reach.

1. U. The parties recog nize that but for this Ag reement, releases from Vallecito could be
zero during a portion of the Winter Months. The parties assert that a 5 cfs release during a
Shortage will be more beneficial to the natural environment than a zero release, and that
each incremental increase in flow, as provided for under this agreement, will further benefit
the natural environment.

1.V. The parties also acknowledge that in addition to providing benefits that are available
through a standard BOARD ISF water right, this Agreement is the best mechanism for
maximizing opportunities to meet both goals set forth in Recital 1.0. above.

3