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party to request or demand releases of such water to maintain flows at any level described in the <br />Consent Decree. <br />g. Aurora Stipulation. The Parties acknowledge that Chaffee County and Aurora <br />have entered into a separate stipulation, attached hereto as Exhibit C, by which Aurora may <br />benefit from the Reduced RICH Call by exercising Recovery Year Exchanges and Limited <br />Future Exchanges in the salve manner as the Parties hereto, subject to the terms and conditions <br />contained therein. The Parties hereto agree that Aurora shall be a member of the .Flow <br />Coordination Committee in the same manner as the Senior Exchange Holders as noted above in <br />paragraph 6 above. Although the Parties agree not to oppose the Stipulation between Chaffee <br />County and Aurora, nothing herein shall be deemed as consent or agreement by the Parties to <br />any plans or operations that Aurora may exercise to utilize the Reduced RICD Call or to other <br />agreements contained therein that do not apply to using the Reduced RICD Cali. Moreover, <br />nothing in this MOU or in Exhibit C modifies, supercedes, interprets or adds to any prior <br />agreement (including any memorandum of agreement or intergovernmental agreement) between <br />the City of Aurora and any Party hereto. <br />9. Additional Stipulation Simultaneous with or before the execution of this MOU, <br />Chaffee County will execute (a) a stipulation with Upper Arkansas in the Upper Arkansas <br />Exchange Case; (b) a stipulation with BWWP in BWWP's pending; Case No. 04CW130; and (c) <br />an agreement with Pueblo West regarding dry up conditions on the Hill Ranch. Nothing herein <br />shall be deemed as a consent or agreement by the other Parties to any rights granted or plans of <br />operation contained therein. <br />10. VFMP Agreement. Within ten (10) days following execution of this MOU, <br />CDNR, CROW, DPOK, Southeastern, Chaffee County, AROA and Trout Unlimited (the <br />"VFMP Parties ") will enter into a five -year renewable agreement regarding operation of the <br />VFMP for a minimum of five years in the form attached hereto as Exhibit D (the "VFNIP <br />Agreement "). All parties to this MOU consent to the operation of the VFMP in accordance with <br />the terms of the VFMP Agreement during the time said VFMP Agreement remains in effect. <br />The consent to such operation as described in this paragraph does not imply that any party to this <br />MOU (other than the VFMP Parties) is bound by the entire VFMP Agreement, nor does it imply <br />an agreement by any party (other than the VFMP Parties) to operate its water rights or exchanges <br />in a manner that is more restrictive on that party than the conditions agreed to in paragraphs 15 <br />and 19 below. However, the Senior Exchange Holders further agree that, to the extent <br />practicable, they will (i) operate their water releases and exchanges from October 15 to <br />November 15 in an attempt to maintain flows between 250 and 500 cfs at Wellsville, to maintain <br />consistency with the VFMP while allowing greater exchange potential from November 16 to <br />April 30; and (ii) help maintain higher incubation flows between November 16 and April 30, as <br />described in Paragraph IC of the VFMP Agreement, if spawning flows from October 15 to <br />November 15 are between 501 cfs and 700 cfs. <br />11. RICll Lc;gislatiorg. Following execution of this MOU, the Parties agree they shall <br />not seek or support enactment of legislation that would in any way limit, constrain or enhance <br />Chaffee County's rights sought in the RICD Case (as set forth in the Consent Decree), including, <br />administration of such rights or future applications by Chaffee County to make absolute or to <br />retain the conditional RICD water rights, in a mariner inconsistent with this MOU and the <br />SB2341 10 <br />