MOA of Southeastern Colorado Water Activity Enterprise and Reoperation Storage Participant (2)

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• REOPERA TIONS MOA • WEST OF PUEBLO G. The Reoperation component of the PSOP (as described in the PSOP Report) is designed to make up to 1 , 000 a.f. storage space for non - Project water available to Participant. The availability of Reoperation Storage space to Participant ultimately will depend on the United States' execution of a Reoperation Contract with Participant. Participant's non- Project water stored in Reoperation Storage will remain subject to spill as provided in the District's Contract with the United States, Contract No. 5- 07- 70- W0086, Article 13, i.e., to spill after spilling of any Winter Storage Water in excess of 70,000 acre -feet, but prior to spilt of Winter Storage Water not in excess of 70,000 acre -feet, and prior to arty spill of East Slope Project Water. (A copy of said Article 13 is attached hereto as Exhibit A.) Non - Project water in Reoperation Storage is included within the maximum of 163,000 acre -feet of non - Project municipal contract water storage pursuant to the fourth spill priority. All water stored pursuant to in- District municipal contracts within the fourth spill priority, including water in Reoperation Storage, shalt be spilled on a pro -rata basis when a spill of such water is necessary. H. The Fryingpan- Arkansas Project ( "Project ") Operating Principles and Allocation Principles shalt govern the use of Reoperation Storage to assure that the contracting, use and operations of Reoperation Storage shall not impair or otherwise interfere with: 1. the Project's authorized purposes; 2. the ability of the Project contractors (including the District) to meet existing repayment obligations; 3. the storage allocations and limitations pursuant to Contract No. 5- 07- 70- W0086, as amended, between the District and the United States, and the District's Allocation Principles; 4. the yield of the Project from its West Slope and East Slope water rights; or 5. the capacity in Project facilities, including the south outlet works capacity for the Arkansas Valley Pipeline, which is needed to satisfy Project purposes and contractual obligations with a term exceeding one year existing at the time of the execution of any Reoperation Contract pursuant to this MOA. Participant desires that, to the extent possible, its Reoperation Storage be provided in Turquoise Reservoir. The Enterprise and Participant will request the United States to provide for such storage in Turquoise Reservoir as part of Participant's Reoperation Contract. -4-