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the Reduced RICD Call. <br />d. CS -U has conditional And absolute exchange rights decreed in Case Nos. <br />84CW202, 84CW203, 86CWI 19, and 89CW36 (severed and non- sewered phase) and, as a <br />shareholder of the Colorado Canal Companies, has rights of exchange decreed in Case Nos. <br />84CW62, 84CW63 and 84CW64. These exchange rights are senior to the RICDs. To <br />supplement these senior decreed exchanges, CS -U may operate in the future additional <br />exchanges which will be junior to Chaffee County's RICDs, including any exchanges decreed <br />pursuant to CS -U's pending application in Case No. 05CW96. To the extent that these Limited <br />Future Exchanges by CS -U are called out by Chaffee County's RICDs, CS -U may request and <br />Chaffee County shall observe a Reduced RICD Call (described below at paragraph 5), subject to <br />the conditions and limitations set forth below in paragraph 4. A meeting of the Flow <br />Coordination Committee (described below at paragraph 6) will promptly be arranged in order to <br />determine the extent of the needed Reduced RICD Call consistent with this Agreement and to <br />help facilitate such exchangers under the Reduced RICD Call. <br />4. Conditions I,lpon Recovery Fear Exchanes and Limited Future Exchanges. "fhe <br />following limitations and conditions are agreed to for the exercise of Recovery Year Exchanges <br />and Limited Future Exchanges; <br />a. A.ppropriative rights of exchange to be used for Recovery Year Exchanges <br />and Limited future Exchanges must be the subject of one or more Water Court applications tiled <br />in Water Division No. 2 on behalf of the benefited Party hereto, no later than six years following <br />the end of the year in which a final decree (after any appeals) is entered in the RICD Case <br />( "Filing Deadline "), except that the Filing Deadline for the Limited Future Exchanges and other <br />appropriations by Chaffee County Water Suppliers as set forth in paragraph 3.b, shall be <br />December 31, 2030. Such applications for Senior Exchange Holders may be filed by the Senior <br />Exchange Holders, or by entities acting on behalf of or in concert therewith, so long as the water <br />is for use by the Senior Exchange Holders or their constituents. Such applications for Chaffee <br />County Water Suppliers may be filed by said Water Suppliers, or by entities acting on behalf or <br />in concert therewith; so long as the water is for use within Chaffee County. In order to request <br />that Chaffee County implement a Reduced RICD Call after the Filing Deadline, said <br />application(s) must either still be pending in Water Court, on appeal, or finally decreed_ to allow <br />said exchanges; except that any such application not finally decreed within six years after filing <br />shall not be allowed to request a Reduced RICD Call unless approved by Chaffee County, which <br />approval shall not unreasonably be denied. Any such applications filed subsequent to the <br />execution of this MOU shall expressly reference this MOU. Chaffee County shall. limit its <br />opposition in Water Court to such applications solely with respect to the appropriative rights of <br />exchange that will be operated as Limited Future Exchanges or Recovery Year Exchanges filed <br />by, or for the benefit of, the Senior Exchange Holders to ensuring compliance with this MOU <br />and to ensuring that such exchanges are otherwise junior and subject to Chaffee County's <br />RICDs. This agreement to limit opposition itt 'mater Court does not Iiinit Chaffee County's <br />ability to oppose any diversion or storage structure associated with said exchanges that an <br />applicant proposes to locate or enlarge within Chaffee County, subject to the limitations in <br />paragraph 13. <br />582341 6 <br />