Project-Specific Agreement- for the Heyborne Recharge and Wildlife Project

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Paragraph 8 dealing with distribution of accretion credits shall be modified during Phase 2 to read as follows: 8. SPRR shall receive 20% of the accretion credits generated monthly at the river during the water year (November 1'� thru October 31") from LowePs operation of the HRWP during Phase 2. Lower shali receive 80% of the accretion credits generated monthly at the river during the water year from Lower's operation of the HRWP during Phase 2. SPRR shall receive 100% of the accretion credits generated monthly at the river during the water year (November 1"� thru October 31") from SPRR's operation of the HRWP during Phase 2. The sole consideration for these credits is contained in the other terms of this Agreement and neither party shal{ be required to pay any fee or other consideration to the other for these credits. Upon transfer of the water rights pursuant to paragraph 5, above, all such accretion credits shall inure to SPRR. Paragraph 10 dealing with lease of unused accretion credits shall be modified during Phase 2 to read as follows: 10.At times, SPRR may have unused credits from both its 20% of credits generated from LowePs operations during Phase 2 and 100% of credits generated from SPRR's operations during Phase 2. Lower shall have the first right of refusal to lease such unused credits for augmentation in Sedgwick County. If in Lower's sole discretion it decides to lease such credits, the lease fee shall be the then-current market rate in the Sedgwick County area. SPRR shall give notice to Lower by June 1st of each year of its intention to so lease pre-determined quantities of available credits in any given month. Upon receipt of said notice, Lower shall, within ten (10) days thereof, give notice to SPRR of its agreement to so lease those available monthly credits needed by Lower. Any such lease shall be for a term of one year beginning April 1°t of the current year and terminating March 31'� of the following year. Should Lower opt to lease only portions of SPRR monthly credits ava+lable for lease or fail to exercise its rights to lease any available credits within the stated ten (10) day period, SPRR shall be free to lease those credits not leased by Lower to a third-party so long as such credits are leased to provide beneficial use within Sedgwick County, Colorado. In addition, such lease may not violate any terms and conditions of Lower's current augmentation plan in Case No. 02CW320 or pending application and related Substitute Water Supply Plans for Case No. OSCW24 or any amendments thereto. Furthermore, upon mutual agreement of both parties, SPRR may lease to Lower such available monthly credits not initially leased by Lower or a third party during any given month in which Lower determines a need for such credits. ,�