BOARD00379

• Board Meeting Date: 9/24/2001
• Description: ISF Section - Case Resolution: Case No. 1-94CW290 Buffalo Park Development Co. et al
• Board Meetings - Doc Type: Memo

9-13-01 ; 10:26AM;TI~NKEN HILL. LLP

; 303 926 0853

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b. 2.0 shares of the 160 shares of capital stock .
(1.25%), issued and outstanding in the Warrior Ditch Company.

c. 8.71 shares of thE! 400 shares of capital stock
(2.18%), issued and outstanding ;in the Soda Lakes Reservoir
and Mineral Water Company. 'Based on the best current
information available for thEl physical capacity ot the Soda
Lakes Reservoir Nos.' 1 and 2, a conservative ellltimate of
storage space available to MMRC, is 36.58 acre fElet. This
figure may increase in the future as more accurate
information becomes available, or provisions are made by the
Company to allow shareholders to, fully utilize water held in
the dead storage pool of each Re~ervoir.

d. Meadowview Reservoir. MMRC and Buffalo Park will
jointly construct the Reservoir to a capacity of no less than
49.3 acre feet.

The parties &gree that the firm yi~ld supply of water available to
MMRC and its shareholders from the above referenced water rights
and storage facilities is 62.8 acre feet per year. Of this
amount, 23.~ acre feet per year is available for delivery to the
Turkey Creek side of the Bear Cre~k drainage basin, primarily via
releases fro~ Meadowview Reservoir. :The remaining volume of firm
yield supply (i. e. 39 acre feet, p~r year), is available for
delivery to the Bear Creek side o~ the Bear Creek drainage basin,
primarily via releases from the Soda Lakes Reservoirs and the a
assignment of Warrior Ditch watel:: for direct replace~ent. The ..
firm yield Volumes set forth abov~ are contingent upon Meadowview
Reservoir haVing an active capacity' of at least 49.3 acre feet
upon construction. If the "<as ;built" active ca.pacity of
Meadowview Eteservoir is less th<:in ;49,3 acre feet, W:4RC shall
notify the Opposers and the firm yield figures shall be
recalculated using the computer mOdel: referenced above.

11. Pursuant to a stipulation; reached during the trial in
this matter, the parties previously agreed that the average volume
of consumptive use water available to MMRC from the Warrior Ditch,
the Harriman Ditch and the Soda Lakes Reservoir Nos. 1 end 2 water
rights described above is 89.7 aClre: feet per year. '1'he parties
acknowledge that the firm yield v<i>lumes set forth herein are
subject to upward adjustment if the ~olume of storage s~ace in the
Soda Lakes Reservoir Nos. 1 and 21 can be documente<'i as being
greater than 36.58 acre feet, anQ/or if MMRC acquires additional
water rights or storage in the Eear Creek/Turkey CreElk drainage
basin. In the event that MMRC desires to modify the firm yield
figures set forth herein due to one of the above referenced events
occurring, !iluch a request shall be mailed to the parties and
published in the Water Resume in an ~pplication involving a future
plan for augmentation in order to' allow all persons including
Opposers to participate and evaluateithe basis for the increase.

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