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February 3, 1987, the District entered into a separate agreement with the Rio Grande Water Users <br /> Association governing Compact storage and the release of that water from storage. CoIIectively, <br /> these two agreements are referred to as the "Operating Agreements." Under the Operating <br /> Agreements, the State Engineer determines when water may be placed in Compact storage. This <br /> Agreement does not amend or replace any terms of the Operating Agreements. Water stored in the <br /> Reservoir as a result of operations under Paragraph 1,that would otherwise have been available for <br /> delivery to the State line, shall be released from the Reservoir at the direction of the Division <br /> Engineer. <br /> 4. District as Operator. <br /> The District is the operator of the Reservoir and, in cooperation with the Division Engineer, <br /> shall operate it in conformity with this Memorandum ofUnderstanding. The District shall cooperate <br /> with the Colorado Division of Water Resources to maintain appropriate records of all water stored <br /> in the Reservoir. <br /> 5. Measurement of the Reservoir Elevation <br /> The District recently completed a Capacity Study of the Reservoir to allow accurate <br /> measurement with the use of a"slope gage"of the water in storage. The District commits to work <br /> with the Division Engineer to develop a reasonable means to provide real time data of Reservoir <br /> storage. In the meantime,the District will cooperate with the Division Engineer to provide daily, or <br /> more often if necessary, gage height readings. <br /> 6. Liability. <br /> Storage of water out of priority under this Memorandum of Understanding shall in no way <br /> waive the State's immunity from suit for any damages resulting from the storage or release, <br /> inadvertent or otherwise,of said waters. The District retains the liability imposed by law on reservoir <br /> owners. Nothing in this Memorandum of Understanding shall be construed to prevent the State <br /> Engineer from fulfilling his legal obligations under all applicable laws,regulations and decrees of the <br /> court. <br /> 7_ Review by Water Users. <br /> The Division Engineer has presented this Agreement to the Rio Grande Water User's <br /> Association,Rio Grande Canal Water User's Association,and Santa Maria Reservoir Company,who <br /> have provided the Division Engineer with letters concurring in the operations under this <br /> Memorandum of Understanding. <br /> 8. Term. <br /> This Memorandum of Understanding shall have an initial term of five years beginning on May <br /> Page 4 of 5 <br />