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an enlarged capacity of up to 38,161 acre -feet in Turquoise Reservoir and Clear Creek Reservoir <br />combined (the combined amount of proposed enlargements currently pending in Case Nos. <br />OOCW139 and 04C.Wl'Aft and (b) any said exchanges specifying Pueblo Reservoir include an <br />cnlargz d capacity not exceeding 714,000 acre -fleet in Puebla Reservoir as contemplated by PSOP. <br />'Phis agreement is expressly limited to the specific reservoir enlargements identified above. <br />19. eration of Senior Water Ri�h.ts. The Senior Exchange Holders agree that, to <br />the extent practicable, and without impairing their senior rights, they will cooperate with ChatTee <br />County to take reasonable measures to operate their senior exchange rights and storage rights in <br />a manner that minimizes the reduction in flows available to the RICDs, and that helps satisfy the <br />VINP target flows listed in Exhibit D-1 and consistent with the VFMP Agreement described <br />above. Should said goal of minimizing the reduction of flows available to the RICDs conflict <br />with the goal of not impairing the senior rights of the Senior Exchange holders and Capper <br />Arkansas, the latter shall prevail over the fbimer. The County acknowledges that certain senior <br />Fryingpan- Arkansas Project exchanges are operated by Reclamation, and that Reclamation is not <br />a party to this MOU. tipper Arkansas exchanges applied for in the Upper Arkansas .Exchange <br />Case will be operated in a manner consistent with any terms and conditions in the decree <br />ultimately entered in that case. <br />20. Rt7Y Storage. CS -U, BWWP and Southeastern are parties to the Ark ansas. River <br />Flow Management Program ( "Flow Management Program ".). As a result of the Flow <br />Management Program, CS -U, BWWP and Southeastern have agreed to forego certain in- priority <br />diversions that they could make under their existing senior decreed exchange rights egOne <br />Project. Diversions ") in order to maintain certain flows through the Pueblo Legacy <br />BWWP and- Southeastern, among other parties, have agreed to cooperate to provide for the <br />recapture and storage for later use of those Foregone Diversions ("ROY Storage "). Chaffee <br />County agrees that any exchanges by the Senior Exchange Holders of said ROY Storage water to <br />reservoirs upstream of the RICDs will be considered to occur under the existing senior exchange <br />decrees and will be senior to the RICDs. <br />21, Future 1117S Flow Rights and RIB- Chaffee County agrees not to request <br />that the CWCB seek an in- stream flow water tight on the main stern of the,Arkansas River, or <br />support such a request by another, so long as the VFMP is in place in a manner consistent with <br />the VFMP Agreement, Chaffee County further agrees not to support the Water Court filings by <br />any other entity, seeking RICDs on the Arkansas River. <br />22 Pueblo West St Chaffee County agrees that in exercising its discretion <br />to make any request as provided in the Pueblo West Stipulation, it will not request Pueblo West <br />to exchange against water released from 'Fwin Lakes or Turquoise Reservoir pursuant to the <br />VFMP, nor to operate its water rights in such a manner that would trigger releases from storage <br />pursuant to the VFMP or that would reduce flows at Wellsville below these described in the <br />VF-M[P Agreement, <br />23. No P ec_ edent. The provisions of this MOO and the Consent Decree are the result <br />of compromise and settlement and may not reflect positions Of the Parties hereto concerning <br />facts, law, engineering and other circumstances in situations other than this h10U or this RICD <br />02341 14 <br />