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

the natural environment in the ISF Reach to a reasonable degree. The CWCB will
protect the Donated Water through the ISF Reach defined for the Winter Months.

1.b. At any time during the Winter Months, either PRID or the TRIBE, at its
discretion, may provide Donated Water to the CWCB in an amount greater than that
set forth in Paragraph 3.A.1.a., but the amount of Donated Water shall not exceed the
amounts set forth in Recital 1.S. for the Winter Months, to improve the natural
environment of the ISF Reach. The maximum flow rate accounted for as Donated
Water at the Measuring Point released from Vallecito in no way restricts total releases
from Vallecito. The CWCB will protect the Donated Water through the ISF Reach
defined for the Winter Months.

2. If at any time during the Winter Months, storage in Vallecito Reservoir is less
than the Highest Allowed Physical Winter Water Level, but greater than 60,000 AF,
and no Shortage exists, PRID and the TRIBE will use their Best Efforts to maintain a
target amount of Donated Water at the Measuring Point of approximately 25 - 36 cfs.

3. In the Winter Months, when Projections indicate that (1) there could be a
Shortage, PRID and TRIBE will notify the CWCB as quickly as practicable of the
circumstances, and PRID and the TRIBE may reduce the amount of Donated Water to
a flow rate as low as 5 cfs at the Measuring Point to seek to provide additional storage
water in Vallecito; or (2) the physical fill of Vallecito could be between only 95,000 and
110,000 AF, PRID and the TRIBE will consult with the CWCB about their
determination of whether a Shortage will occur, and consider timely input from the
eWCB as to whether an adjustment to the amount of Donated Water is warranted. In
no event shall the amount of Donated Water provided at the Measuring Point be less
than 5 cfs unless physical or operational constraints temporarily prevent such Vallecito
release, in which event PRID and/or the TRIBE will notify CWCB of both the amount of
the Donated Water to be provided to the CWCB and the duration for the provision of
such reduced amount.

4. If at any time during the Winter Months, storage in Vallecito is less than 60,000
AF, PRID and the TRIBE may reduce the amount of Donated Water provided to
eWCB to 5 cfs at the Measuring Point.

5. If at any time, the Highest Allowed Physical Winter Water Level changes, the
height of the Vallecito Reservoir dam is raised or lowered, or other constraints on the
actual filling of or releases of water from Vallecito are changed, this Agreement shall
be modified in writing by mutual consent of the parties with the goal of achieving the
same level of protection of the natural environment provided for in this agreement.

3.8. Summer Months

1. During the Summer Months, flows in the Pine River include both Senior Water
and Storage Water. Generally, Senior Water provides the flow in the Pine River from
the beginning of the Summer Months until sometime in June, when Storage Water and
Vallecito Deliveries gradually begin to replace the Senior Water that is out of priority.
The TRIBE has a major portion of the Senior Water, most of which is in priority the
entire summer. Therefore, the water in the Pine River in the Summer Months almost
never consists of only Storage Water.

1.a. Except in a Shortage or under the circumstances defined in the first paragraph
of Section 3, PRID and/or the TRIBE agree to maintain a flow of 136 cfs through the

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