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�` . , � �- <br />Waters, including water relinquished by the State Engineer to <br />direct f low rights on the Conej os River, shall be deemed to overlay <br />waters of the District, and shall be deemed the first water spil'ied <br />from the Reservoir, or evacuated from the Reservoir if evacuation <br />is necessary. _ <br />6. The District shall bear the ordinary costs of operation <br />and maintenance of the Reservoir. The State of Colorado shall not <br />be liable or responsible for any payments or obligations for <br />operational costs or maintenance expenses due to the provision of <br />storage capacity for Compact Waters. <br />7. The District shall be the operator of the Reservoir. The <br />District shall cooperate with the Division Engineer for Water <br />Division No. 3 and the 'Aater Commissioner for Former Water <br />District 22 in maintaining appropriate records of Compact Waters <br />stored pursuant to this Agreement and all other classes of water <br />stored in or released from the Reservoir. <br />8. The present accounting system shall continue to be used, <br />namely that when water is stored it shall be added to the gaged <br />flow at Mogote, and when storage ter is released it shall be <br />subtracted from the flow at t so as to properly represent <br />the Compact index flow. <br />9. The State Engi,neer s i to maintain and operate <br />the stream gaging sta ' `' u suant to Article II(b) <br />through (e) of the Rio G� C a and the stream gaging station <br />below Platoro Dam, and pr de the District with access to all data <br />collected from those stations. The District shall support the <br />State Engineer before the General Assembly in any future�requests <br />for funding from the State to continue operation and maintenance of <br />those gages as may be necessary. �" <br />10. This Agreement shall have a term of 40 years or until the <br />District's obligations to repay the Colorado Water Conservation <br />Board for financing the transfer of Reservoir operations have been <br />fully satisfied, whichever is less. <br />11. The terms and conditions of this Agreement are based on <br />the present knowledge of the State Engineer and the District <br />regarding operation of the Reservoir for District and Compact <br />purposes. The District is currently developing�an operational <br />model for the Reservoir and the Conejos River system. The parties <br />intend to use the model as the basis for future Reservoir <br />operations after the model is calibrated and refined through use by <br />the parties. This agreement shall be reviewed annually, and a <br />memorandum of understanding shall mutually be agreed upon until <br />such time that the most effective and acceptable operating criteria <br />can be determined. If the �esults of the model require that this <br />Agreement be modified, the parties agree to negotiate in good faith <br />towards any necessary amendments to this Agreement. Any <br />4 <br />