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

CWCB's right to use the Donated Water and so long as said application also contains the
following language:

On , 2006, PRID and the TRIBE entered into a "Donation
Agreement" with the CWCB which assigns to CWCB the right to use Vallecito
Deliveries or Storage Water from Vallecito for instream flow use in the IS F
Reach of the Pine River to preserve and improve the natural environment to a
reasonable degree. PRID and the TRIBE have reviewed the application
herein, and affirm that this application, if decreed, will 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 CWCB's right to
use the Donated Water.

If the CWCB should determine the need to file a Statement of Opposition, the CWCB
shall notify PRID and the TRIBE before making such filing.

4.C. The CWCB hereby authorizes PRID and/or the TRIBE to monitor the Donated Water
through the ISF Reach. The CWCB agrees to install any gages needed to monitor and
protect the Donated Water, subject to the availability of funds. PRID and the TRIBE agree to
work with the CWCB and the CDWR to consider participation in the operation and
maintenance of any such gages. PRID and/or the TRIBE shall notify the CWCB as quickly as
possible of any situation of which they are aware that impacts CWCB's ability to use the
Donated Water for ISF purposes. The CWCB will contact the Division 7 Engineer and seek
administration or take whatever actions are necessary to ensure the full amount of Donated
Water is protected through the ISF Reach. Nothing in this paragraph shall be construed as a
waiver by CWCB of its right to monitor or protect the Donated Water.

4.D. As long as this Agreement is in effect, the CWCB shall not apply to District Court,
Water Division 7, for an appropriated ISF water right on the Pine River downstream from
Vallecito Reservoir.

4.E. The BOARD may not sell, lease, transfer or otherwise dispose of its interest in the
Donated Water.

Section 5
Joint Water RiQht Application

5.A. PRID, the TRIBE and the CWCB agree to jointly file a water rights application with the
District Court, Water Division 7, to obtain new Vallecito storage refill water right(s) to
implement this Agreement for purposes, including but not limited to ISF use exclusively by
the CWCB in the ISF Reach. The CWCB shall be a co-applicant solely to obtain a decreed
water right to implement this agreement. The parties shall consult with each other and
CDWR and reach agreement on accounting procedures for this Vallecito water rights
application.

5.B. If the Water Court application is denied for any reason, or if the proposed decree or
decree of the court is conditioned in such a manner as to prevent the purposes of this
agreement from being fulfilled, then, the parties hereto shall consult on future action
regarding implementation and/or termination of this Donation Agreement.

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