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F The Recovery Program and PBO rely on a permanent commitment by water <br />users in the State of Colorado to deliver 10,825 acre-feet of water per year to <br />the 15-Mile Reach of the Colorado River for flow augmentation for the four <br />Listed fish species. <br />G This Agreement is made for the purpose of providing 5,412.5 acre-feet of <br />water annually to the 15-Mile Reach for an interim period of ten {10) years. <br />H Denver Water believes it has a need far the entire capacity and yield of its <br />reservoirs for municipal purposes. Based upon recent estimates of demand, <br />Denver Water has determined that for an interim period of I0 years water is <br />available to be released from its reservoirs to meet the needs described in this <br />agreement. <br />The River District contemplates entering into a similar agreement with the <br />Service far providing an additional 5,412.5 acre-feet of water annually to the <br />15-mile reach for the interim period often (YO) years (the "River <br />District/Service Agreement"} in accordance with Appendix C of the PBO. <br />J In a letter to Ralph Morgenweck dated September 1 b, 1998, the Colorado <br />water users described a, "[c]ontingent agreement on a plan for providing the <br />10, 825 acre-feet of water for the fish that the Service identified as being <br />needed to offset the impacts of the Category 1 depletions." The plan defined <br />an interim solution and a permanent solution for providing the 10,825 acre-feet <br />of water. This agreement and the River District/Service Agreement only <br />address the interim solution and do not modify the water users' commitment to <br />provide the permanent solution for the 10,825 acre-feet of water. <br />2. Agreements <br />A Rights and Responsibilities of Denver Water <br />1) Denver Water will release 5,412.5 acre-feet of water per year for <br />delivery to the I S-Mlle Reach on behalf of the Eastern Slope in <br />accordance with Appendix C of the PBO. Denver Water's primary <br />source of water will be Williams Fork Reservoir. Denver Water may <br />also use Wolford Mountain Reservoir (Denver Water's pool), Dillon <br />Reservoir, Homestake Reservoir, and other sources from time to time, <br />as necessary, to release the 5,412.5 acre-feet. Use of Wolford <br />Mountain Reservoir will not exceed the hydrologic limitations on <br />Denver Water's use contained in the federal and local approvals for the <br />reservoir including the Bureau of Land Management's Plan of <br />2 <br />