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

NOW THEREFORE, in consideration of the mutual and dependent covenants
contained herein, the parties agree as follows:

Section 2
Definitions

The following definitions are for the purposes of this Agreement only.

2.A. Best Efforts - Best Efforts means a reasonable, good faith effort, taking into account
other legal and contractual obligations and duties.

2.B. Donated Water -Donated Water includes both Storage Water and certain Vallecito
Deliveries up to the levels defined herein which is to be provided to CWCB by PRID and/or
the TRIBE for ISF use to preserve or improve the natural environment in the ISF Reach.
PRID and the TRIBE must provide Donated Water only when Senior Water and Vallecito
Deliveries: (a) for the Summer Months, do not maintain the Summer Months' target flows
hereunder through the ISF Reach; (b) In contrast, for the Winter Months, do not maintain the
target flows hereunder at the Measuring Point provided, however, PRID and the Tribe will
provide 5.0 cfs at the Measuring Point unless otherwise not required herein. The CWCB,
however, will protect the Donated Water in the Winter Months through the ISF Reach defined
for the Winter Months.

2.C. Highest Allowed Physical Winter Water level - The maximum winter storage level
for Vallecito Reservoir based on physical conditions, including icing limitations. For the
purposes of this agreement, the Highest Allowed Physical Winter Water Level is
approximately 77,000 AF unless modified pursuant to Paragraph 3.A.5. of this agreement.

2.0. ISF means Instream Flow.

2.E. ISF Amount-

a. that amount of water the CWCB determines is appropriate for stream flows in the
ISF Reach to preserve the natural environment to a reasonable degree, as set forth in
paragraph 1.R.
b. that amount of water the CWCB determines is appropriate for stream flows in the
ISF Reach to improve the natural environment to a reasonable degree, as set forth in
paragraph 1.T.

2.F. ISF Reach - The segment of the Pine River that begins at the outlet of Vallecito
Reservoir and ends, at the Highway 160 bridge over the Pine River, during the Summer
Months, and at Dry Creek, during the Winter Months.

2.G. Measuring Point - The outlet of Vallecito Dam, as recorded by PRID, unless
otherwise provided herein, or such other point as may be mutually agreed upon in the future
by PRID, the TRIBE and the CWCB.

2.H. Project or Pine River Project -- The Project includes Vallecito and deliveries of water
from Vallecito under PRIIP and by PRID.

2.1. Projections mean the determinations by the District and the TRIBE of the maximum
estimated Vallecito physical fill for a particular water year. Projections will be based on
Vallecito content and actual inflow; estimated inflows based on snowpack; irrigation

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