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Consent Decree; provided, however, that CDNR, CDOW, CWCB and DPOR (the "Mate <br />Agencies ") are not parties to nor bound by this paragraph 11. This provision, however, is not <br />applicable to any legislation that would affect only new RICD water rights, including <br />enlargements to existing RICD water rights. This provision is also not applicable to legislation <br />that is not intended to have any direct impact on RICDs, but which could have indirect impacts <br />on water rights generally, including RICDs. <br />12. PSOP Le6slation. Following execution of this MOU, and after consultation with <br />appropriate Parties from this agreement and from other agreements between Southeastern and <br />other parties, Southeastern shall request Members of Congress from Colorado to introduce and <br />support federal legislation to authorize certain recommendations of the September 21, 2000 <br />"Preferred Storage Options Plan" ("PSOP ") report relating to the Project. The Parties, except for <br />the State Agencies, shall support Southeastern's request for such legislation. Previous efforts to <br />enact these PSOP recommendations include IIR 4691, 103 "' Congress, 2"1 Session. No Party <br />shall request congressional changes to such PSOP legislation unless such changes are mutually <br />agreed to by Southeastern, CS -U, BWWP, Upper Arkansas, and Aurora. The Parties shall not <br />knowingly or intentionally take any actions to impair or impede the ability of a Party to obtain <br />the necessary permits, contracts and/or authorizations for the excess capacity components of the <br />PSOP from Reclamation or any other governmental entity, subject to paragraph 13 below; <br />provided, however, that nothing, in this MOU shall preclude the Parties from responding to <br />requests for information from governmental entities, or from commenting on issues of concern <br />unrelated to the quantity of Arkansas River flows through Chaffee County, and not in conflict <br />with the spirit of this MOU. Notwithstanding this paragraph 12, as between the parties to any <br />prior agreement (including any memorandum of agreement or intergovernmental agreement) <br />between Southeastern and any other Party hereto, nothing in this paragraph is intended to <br />supersede, modify, or add to any provision of such prior agreement. <br />13. 1041 Re ug lations. Nothing in this MOU shall be interpreted as Iimiting Chaffee <br />County's discretion in applying its 1041 regulations to any future projects. Notwithstanding, <br />Chaffee County and the Parties agree that they have all received benefits from the terms <br />negotiated herein, including but not limited to the Recovery .Year. Exchanges and Limited .future <br />Exchanges, the Parties' agreement to the Consent Decree, and protection of the VFMP. <br />Accordingly, Chaffee County agrees that in considering any 1 041 application filed by the Senior <br />Exchange Holders or Upper Arkansas related to any absolute or conditional water rights they <br />own that are senior to Chaffee County's RICDs, and/or the Limited Future Exchanges and <br />Recovery Year Exchanges contemplated in this Agreement, Chaffee County shall not consider <br />any impacts to its RICD water rights or boating park structures when determining whether to <br />grant or deny a permit under its 1041 regulations, so long as said rights will be operated <br />consistent with the provisions of this MOU and /or their respective decrees. Chaffee County <br />may, however, consider any other impacts associated with such projects as may be allowed under <br />1041. <br />14. Additional Agreements regarding the RICD Case, <br />a. Chaffee County, Southeastern and certain other Parties hereto submitted a <br />draft of this MO[! and the Consent Decree to the CWCB for its consideration at the March, 2006 <br />meeting, in accordance with the procedures set by the CWCB, and requested that the CWCB <br />SB2341 I I <br />