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

ISF Reach during the Summer Months by providing Donated Water from Vallecito to
preserve the natural environment in the ISF Reach. The 136 cfs shall be measured as
the sum of the diversions downstream of the Highway 160 bridge or by appropriate
spot measurement methods. To protect Donated Water through the ISF Reach, the
parties may agree upon a different permanent measuring procedure for the 136 cfs.

1.b, At any time during the Summer Months, either PRID or the TRIBE, at its
discretion, may provide Donated Water to the CWCB in an amount greater than 136
cfs, but not to exceed the amounts set forth in Recital 1.S. for the Summer Months to
improve the natural environment in the ISF Reach. Such Donated Water may be
available for instream flow use by CWCB only to specific ditch headgate points of
delivery. The CWCB will protect the Donated Water through the ISF Reach defined
for the Summer Months.

2. During a Shortage in the Summer Months,

2.a. neither PRID nor the TRIBE is required to maintain a flow of 136 cfs through the
ISF Reach.

2.b. the amount of Donated Water provided to the CWCB shall be equal to the total
amount of Vallecito Deliveries. Donated Water may be available for instream flow use
by the CWCB only to specific ditch head gate points of delivery.

2.c. only 5 cfs needs to be released by PRID and the TRIBE from Vallecito, 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.

3.e. PRID and the TRIBE will provide the Donated Water to the CWCB in the same
proportion as their ownership of water rights in Vallecito Reservoir, except for the additional
water donated by either PRID or the TRIBE under Paragraphs 3.A.1.b. or 3.B.1.b. above.

3.0. PRID, in cooperation with other legally responsible agencies, is the operator of
Vallecito pursuant to applicable documents.

3.E. PRID and the TRIBE shall use their Best Efforts to provide Donated Water to the
CWCB in a manner that will meet the needs of the natural environment in the amounts
determined by the CWCB to be appropriate to preserve the natural environment to a
reasonable degree.

Section 4
CWCS ObliQations

4.A. Except as provided in Paragraph 4.8., the BOARD shall protect Donated Water in the
ISF Reach consistent with the policies and procedures contained in the Rules Concerning the
Colorado Instream Flow and Natural Lake Level Program.

4.8. The CWCB shall not oppose any water right application, including any application for
change of water right or plan for augmentation or exchange within the ISF Reach so long as
said application does not 1) impair the ability of PRID or the TRIBE to provide Donated Water
to the CWCB for ISF use or to meet the terms of the Donation Agreement, or 2) injure the

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