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Memorandum of Understanding for Settlement of Case No. 04CW129 May 2006
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Memorandum of Understanding for Settlement of Case No. 04CW129 May 2006
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5/26/2017 12:44:27 PM
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Water Supply Protection
Description
Memorandum of Understanding for Settlement of Case No. 04CW129 May 2006
State
CO
Basin
Arkansas
Water Division
2
Date
5/24/2006
Author
Bushong, Steven J.
Title
Memorandum of Understanding for Settlement of Case No. 04CW129 May 2006 - Chaffee County RICD
Water Supply Pro - Doc Type
Court Documents
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Period in that year (or becomes approximately full if BWWP's actual storage <br />capacity is less than 29,400), the .Reduced RICD Call shall no longer be required <br />during that 30 -Day Period. <br />b. For CS -U, shortfall conditions allowing for Recovery Year Exchanges shall be <br />deemed to exist in a given year when any one or more of the following conditions <br />apply: (i) when the Natural Resources Conservation Service's Arkansas Basin <br />Water Supply Outlook Report "most probable" forecast (501/6 chance of <br />exceedance) for flows on the Arkansas River at Salida is less than 70% as of May <br />f; (ii) when CS -U reasonably determines that the most probable forecast (50% <br />chance o €exceedance) for diversions to its account from the Colorado River basin <br />is less than 70% of average as of May 1, with average being defined as the <br />average of the most recent 20 years of actual diversions by CS -U to its account <br />from Colorado River basin sources; (iii) at anytime any portion of CS -U's trans - <br />basin or Upper Arkansas facilities suffers an unplanned failure; that results in the <br />loss of ability to deliver water to the Upper Arkansas Basin above the RICD reach <br />or limits the ability to access water and deliver it to Colorado Springs; or (iv) if on <br />May I of any year,. the percent of capacity of the combined storage in CS -U's <br />space in Twin Lakes Reservoir, Turquoise Reservoir, the Pikes Peak reservoirs, <br />and in Rampart Reservoir is 25 percentage points below the most recent 20 year <br />average for that date. For CS -U, Recovery Year Exchanges are permitted in the <br />year that the shortfall conditions defined above occur, and in the following year if <br />necessary to recover from the shortfall conditions of the preceding year. <br />c. for Southeastern, shortfall conditions for Recovery Year Exchanges shall be <br />deemed to exist in a given year when, on May I of that year, either (i) any <br />Turquoise Reservoir Enlargement capacity constructed after the date of this MOU <br />(but not allocated by contract to BWWP, CS -U or any entity outside <br />Southeastern's district boundaries), together with any Clear Creek Reservoir <br />Enlargement capacity constructed after the date of this MOU that is allocated by <br />contract to Southeastern, is less than 700% full; or (ii) the space available that year <br />in the presently existing capacity of Turquoise and/or 'Twin Lakes Reservoirs for <br />storage under excess capacity contracts held by Southeastern and/or its <br />constituents (other than BWWP and CS -U), after considering Reclamation's most <br />recent forecast of Fryingpan- Arkansas Proiect imports for that year, is less than <br />70% full. <br />If the Flow Coordination Committee (described below at paragraph 6) agrees that a lesser <br />reduction in the RICD call will fully accommodate all Recovery Year Exchanges allowed under <br />this paragraph 2, then the full extent of the Reduced RICD Call as set forth in paragraph 5 below <br />shall not be required and Chaffee County shall only reduce its RICD call to the extent agreed to <br />by the Flow Coordination Committee. All Recovery Year Exchanges are fiarther limited by the <br />conditions set forth in paragraphs 4 and 5 below. <br />3. Limited Future Exchantes. Certain limited future exchanges described below are <br />currently anticipated to be reasonably necessary to allow for future water supply needs under <br />rights that will be junior to Chaffee County's RICDs (collectively and individually referred to <br />SB23a1 <br />
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