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APPENDIX A.4 <br />AGREEMENT NOT TO TERMINATE THE OFFSET ACCOUNT RESOLUTION FOR <br />A SPECIFIED PERIOD AND RELATED MATTERS <br />This Agreement is entered into by the State of Colorado and the State of Kansas <br />I( "States "). <br />Recitals <br />WHEREAS, the Arkansas River Compact Administration ( "Administration ") adopted a <br />Resolution Concerning an Offset Account in John Martin Reservoir for Colorado Pumping dated <br />March 17, 1997, as amended twice on March 30, 1998 ( "Offset Account Resolution ") (Appendix <br />L to the current draft Judgment and Decree in Kansas v. Colorado, No. 105, Original, U.S. <br />Supreme Court) ( "draft Decree "), establishing an Offset Account in John Martin Reservoir for <br />Colorado Pumping ( "Offset Account "); and <br />WHEREAS, paragraph 17.A of the Offset Account Resolution provides that either State, <br />through its Compact delegation, may terminate the Offset Account Resolution effective March <br />31 by giving written notice to the Administration by February 1 of the same Compact year; and <br />WHEREAS, the States have entered into a Stipulation Re Offset Account in John Martin <br />Reservoir filed April 3, 1997, and approved by Special Master Arthur L. Littleworth (Appendix <br />F.1 to the draft Decree) and have entered into agreements concerning the determination of <br />credits, transit losses, and evaporation credits for water stored and released from the Offset <br />Account; and <br />WHEREAS, both States derive benefits from the Offset Account. <br />Agreement <br />NOW, THEREFORE, during the term of this Agreement, the States agree as follows: <br />