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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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required to drop below 1500 cfs during the 8 Event Days and 1000 cfs; during the remainder of <br />the 30-Day Period, except for Saturdays. and Sundays during the 30-Day Period that are not <br />Event Days, during which the Reduced RICD Call for Recovery Year Exchanges shall not be <br />required to drop below 1100 cfs. <br />The Reduced RICD Call for Limited Future Exchanges and Recovery Year Exchanges <br />under this MOU and pursuant to any other stipulation approved by the Court in the RICD Case is <br />r1ot cumulative, so that even if Limited Future Exchanges and Recovery Year Exchanges are <br />both being operated in the same year by multiple entities, Chaffee County shall never be required <br />to call for less than 1500 cfs for Event Days or less than 1100 cfs on weekend days during the <br />30-day period that are not Event days, or less than 1000 cfs for the remainder of the 30-Day <br />Period that is not an Event Day or weekend day, regardless of whether the entities exercising <br />such exchanges are capable of diverting the maximum amounts allowed under paragraph 4 <br />herein or under any stipulation approved by the Court in the RICD Case . Exchange or new <br />appropriation capacity made available by the Reduced RICD Call shall be available to any water <br />user in priority. <br />6. Flow .Coordination, Committee. A Flow Coordination Committee (also referred to <br />herein as the "Committee") consisting of representatives for Chaffee County, Senior Exchange <br />Holders, City of Aurora, acting by and through its Utility Enterprise ( "Aurora "), and Upper <br />Arkansas shall meet upon the request of any member of the Committee or as required by this <br />Agreement. Meetings shall be held as soon as practicable after a request for a meeting, but in no <br />event more than hventy calendar days after the request. Meetings may be by telephone or <br />electronic means if the Committee m agrees. The Committee may invite participation at a <br />meeting by the Division 2 Engineer, Colorado Department of Natural Resources, U.S. Bureau of <br />Reclamation, Arkansas River Outfitters Association, Lower Arkansas Valley Water Conservancy <br />District and such other participants as the Committee may, from time to time, agree to invite. <br />The Committee shall operate by consensus and shall make a good faith effort to reach such a <br />consensus. If unable to reach a consensus on any matter committed to the Committee for <br />determination by this Agreement, the matter shall be resolved in accordance with the dispute <br />resolution provisions of paragraph 16 below at,the request of any Party. Chailee County shall <br />supply a staff person to assist in administering this MOU as may be directed by the Flow <br />Coordination Committee from May I ftouo June 30 of years where there are Reduced RICD <br />Calls. <br />, rhe purpose of this Committee is to establish a forum for communication on the issues <br />set forth below. In no event, however, shall the Committee have the authority to regulate or <br />demand adjustments in operations of the water rights of its members. Should the goal of <br />minimizing the reduction of flow available to the RICI)s as referenced in this paragraph 6 <br />conflict with the goal of not diminishing the rights and needs of the Senior Exchange Holders <br />and Upper Arkansas, the latter shall prevail over the former, subject to the other provisions of <br />this Agreement. The issues that the Committee shall consider and provide input rtgarding <br />include the following: <br />a. To help coordinate, to the extent practicable, and without diminishing the <br />rights of the Senior Exchange Holders, Aurora or Chaffee Coimtv Water Suppliers described in <br />paragraph 3.b, the Reduced RICD Call based upon water availability projections, the needs of <br />SB2341 <br />
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