Case No. 04CW129 Findings of Fact, Conclusions of Law and Decree of the Court October 2006

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within the High Flow Period during which the RICD water rights shall be limited to 1,400 cfs . (30 -Day Period "), except for the 8 Event Days which shall fall within that 30 -Day Period. Event Days do not need to be consecutive, but must occur on days when boating events are scheduled for one or both Boating Parks and/or on any day preceding such events, and must occur in the month ot'June. During the remainder of the high Flow Period that is not part of the 30 -Day Period, the RICD water rights shall be limited to 700 cfs. Once the Event Days and 30 -Day Period are designated for a given year, they are not subject to change regardless of available flows_ If written notice is not provided to the Division Engineer by the dates provided above, the Division Engineer is not required to honor a call --- .._....._.. ....._._placed -by, The-above- water ........ _ ... .........__._.._..-- . - - - -- rights are absolute for both structures at the Salida Park and Structure No. 1 at the B.V. Park, and are conditional for Structure Nos. 2 -4 at the B.V. Park: By way of compromise settlement with Objectors, Applicant has withdrawn its claim for a RICD water right from November 16 through March 14. 10. Reduced RICD Calls. By settlement agreement, the County has agreed that under certain defined circumstances, it shall reduce its call under the RICD water rights decreed herein in order to .facilitate certain future exchanges by some of the Objectors ( "Reduced .RICD Calls'), as further described below. Circumstances requiring Reduced RICD Calls are (a) certain water shortfall conditions requiring exchanges in addition to existing senior rights in order to refill depleted reservoirs ( "Recovery Year Exchanges "); and (b) certain limited exchanges currently anticipated to be necessary to allow for future water supply needs upstream and downstream of the Boating Parks (referred to herein as "Limited Future Exchanges "); The specific circumstances in which the County has agreed to implement Reduced RICD Calls to facilitate Recovery Year F- xchanges and Limited Future Exchanges, as well as the conditions and limitations placed upon such exchanges and reduced calls, are more specifically set Forth in the Memorandum of Understanding between many of the parties hereto, dated July 24, 2006 ( "MOU "), a copy of which is attached to this Decree as Exhibit: C, and in separate stipulations between Applicant and certain Objectors. The Court hereby incorporates herein paragraphs 2 - 5 of the MOU and the aforementioned separate stipulations, so that under the defined circumstances set forth therein, and subject to the conditions and limitations contained therein, the County shall be required to implement Reduced RICD Calls to dye extent necessary in order to help Facilitate the Recovery Year Exchanges and Limited Future Exchanges. For Limited Future Exchanges, the Reduced RICD Call shall not be required to drop below 1200 cfs during the 30 -Day Period that is not one of the 8 Event Days (Events Days remain at 1900 cfs). For Recovery Year Exchanges, the Reduced RICD Call shall not be required to drop below 1500 cfs during the 8 Event Days and 1000 cfs during the remainder of the 30 -Day Period, except for Saturdays and Sundays during the 30 -Day Period that are not Event Days, during which the Reduced RICD Call for Recovery Year Exchanges shall not be required to drop below l 100 cfs. The Reduced RICD Call for Limited Future Exchanges and Recovery Year Exchanges is not cumulative, so that even if Limited Future Exchanges and Recovery Year Exchanges are 5