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<br />Colorado Division 5 Engineer. The Operations Group will meet each spring <br />to develop a plan for releasing the 10,825 acre-feet of water during the coming <br />summer and fall. Prior to the first Operations Group meeting, representatives <br />from the River District, Denver Water, Reclamation, if any Reclamation <br />reservoir may be used as a source in the year or may be directly affected, and <br />the Service will meet and agree on a procedure for releasing the 10,825 acre- <br />feet ofwater. The amount, timing, and rate of releases shall be determined by <br />the facility owner in consultation with the Operations Group. A list of some <br />operation needs to be addressed is attached hereto as Exhibit A. <br />2. If the Service determines that release of less than the full 10,825 acre-feet is <br />needed in any given year, release of the reduced amount of water shall be <br />divided evenly between Denver Water's sources and the River District's <br />resources. <br />3. Notwithstanding that other parties may legally benefit from the performance <br />of this Agreement, it is specifically understood and agreed that no third party <br />beneficiaries aze created or intended by this Agreement regarding enforcement <br />of the parties' rights and obligations. <br />E. Programmatic Biological Opinions <br />This Agreement is made with the understanding that the Service and River District <br />will wank in a cooperative manner with the other parties to the Recovery Program to <br />develop and implement programmatic biological opinions (PBOs) for drainages <br />within the River District which are outside the scope of the Colorado River PBO. The <br />purpose of these PBOs will be to provide ESA Section 7 and Section 9 compliance <br />for water users and the Recovery Program similar to the coverage provided by the <br />Colorado River PBO. Specifically, the parties expect that the PBOs will be structured <br />to (1) cover existing water uses, {2} provide far same increment of new uses, (3) <br />address ESA Section 9 take issues, and {4) identify specific plans for water <br />management strategies and Recovery Pragram actions. The Service and River <br />District will work with the Recovery Program Management Committee to develop a <br />schedule for completion of the PBOs. <br />F. Effectiveness and Term <br />This Agreement shall become effective upon the execution of the Denver <br />Water/Service Agreement. Upon satisfaction of this condition, this Agreement shall <br />be implemented commencing July 1, 2000 for a period of ten { 10}years or far as long <br />as the PBO is in effect, whichever is less. The term of this Agreement may be <br />extended upon the mutual written agreement of the parties for up to five (5) additional <br />years. <br />-4- <br />