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DRAFT <br />9/28/2012 <br />manner that does not interfere with the efficient operation of the Existing A -LP and reasonably <br />protects the ability of the Association to operate the Existing ALP pursuant to the IGA. <br />3. The District shall not divert water pursuant to its rights under the A -LP Decrees <br />at such times as the exercise of that right by the District would result in the curtailment of <br />diversions required for the benefit of the Existing ALP (whether to storage or for direct diversion <br />and including any diversions required to operate under the IGA) because of the effect of the <br />District's diversions on the ability to meet the By -pass flows for the Existing ALP. The By -pass <br />flows shall not be considered to meet any portion of the water supply for the beneficiaries of the <br />Existing ALP. <br />4. The District shall cooperate with the Association in its efforts to ensure that the <br />Existing ALP may be operated consistent with the IGA, including the ability to operate the <br />Existing A -LP during recovery from drought conditions to optimize the amount of water pumped <br />to storage when its members and contractors are taking water directly from the River. -This <br />commitment includes joining with the Association in filing an application in Colorado water <br />court to modify the A -LP Decrees, if necessary to permit operation of the Existing A -LP as <br />provided m the IGA <br />p `--- <br />- - <br />Deleted: [Nothing in this paragraph requires the <br />- - "------------ <br />- - - - --- - - - - - - <br />District to join in such an application in the even[ <br />5. The District grants the Association the right and authority to protect the portion of <br />that the District determines that filing such an <br />application Would interfere With its ability to protect <br />its interests under the ALP Decrees as provided in <br />the A -LP Decree water rights dedicated to the Existing ALP, including any portion of those <br />this memorandum.] <br />rights required to operate under the IGA, by asserting injury on its members' behalf in water <br />court proceedings and by making a call on the river when in priority, or by taking any other <br />action required to protect that portion of the ALP Decree water rights. <br />4 <br />