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Storage Pools' capacities may be different than the total decreed amount <br />of the Parties' Storage ~~'ater Rights. <br />4. Any disputes about the determination of Storage Pool amounts shall be <br />subject to the terms of Section VI. herein. <br />5. The cost of the initial determination as described above shall be paid by <br />the Parties based on a percentage interest based on each Party's Storage <br />Pool after the capacity determination has been made. <br />6. Unless stated otherwise, the use of the words "pro rata " herein and in the <br />Exhibits hereto refers to the proportions that the Parties' individual <br />Storage Pool capacities bear to the cumulative total of all of the Parties' <br />Storage Pools. Such use of the words "pro rata" does not refer to and <br />mean the amount of Stored Water actually in the Storage Pools at any <br />specific time when a "pro rata" concept or determination is applicable <br />hereunder. <br />B. Storage Pool Rights. As to each Party's Storage Pool for storage of water <br />available under each Party-'s individual Storage Water Rights (with the Parties' <br />storage rights being set forth in Exhibit A and referred to herein as the "Storage <br />Water Rights' the following provisions shall apply: <br />1. Yampa Participants shall have the perpetual right to the use of storage <br />space in the enlarged Elkhead Reservoir in the amount of their Storage <br />Pool {as confirmed above). <br />2. The Parties tivill share in future sedimentation and evaporation losses pro- <br />rata based on their Storage Pool amounts. <br />3. Yampa Participants' withdrawal of water from such storage space shall be <br />limited to the certain conditions as set forth in the 1973 Agreement and <br />restated at Section I.C. herein. <br />4. A "start-of-fill" date shall be established for the Reservoir Enlargement <br />based upon discussions writh and approval by the Division Engineer for <br />Water Division No. 6, or as established by water court decree or order. <br />On that start-of--fill date, the water then held in storage in each individual <br />Storage Pool shall be credited toward the right to fill that Storage Pool <br />during the accounting year that begins on that date. <br />5. Each accounting year, each Party may fill its Storage Pool to the <br />maximum physical capacity of storage space available in its Storage Pool <br />taking into account the start-of--fill credits of that Pool, subject to the <br />following conditions. <br />4 <br />