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<br />. <br /> <br />obligations, pursuant to its concurrence with recommendations made by the CDNR in <br />consultation with Southeastern (the "Upper Arkansas Voluntary Flow Management Program" or <br />"VFMP"). Southeastern participates in the VFMP as holder of the decreed water rights for the <br />Fryingpan-Arkansas Project, including Twin Lakes and Turquoise Reservoirs, pursuant to <br />cnntr:::lr.t with Rpr:1~1l1~t-;()n M~n" ()f thp ()hiprt()T<:l h!tvp ~1~{\ ,,()l11nt~,;lv nnpr~tpr1 thp.lr w~tp.r <br />------ ..---- --------------- -----J -- ---- --,}--.--- ---.- ---- .---------J -r------ ------ ...---- <br />rights and facilities in a manner consistent with the flow recommendations made by CDNR. <br /> <br />E. The Parties acknowledge that the development and adoption into law of certain <br />recommendations of Southeastern's September 21, 2000 "Preferred Storage Options Plan" <br />("PSOP") Report relating to the Fryingpan-Arkansas Project are important to Southeastern, to <br />many municipalities and agricultural interests in the Arkansas River basin (including several of <br />the Parties). <br /> <br />F. Upper Arkansas has filed an application for appropriative rights of exchange <br />(Case No. 04CW096, Water Division 2) (the "Upper Arkansas Exchange Case"). Some of the <br />exchanges described in the Upper Arkansas Exchange Case would exchange water on the <br />Arkansas River, including the same portions of the Arkansas River involved in the R1CD Case. <br />Chaffee County, among other Parties, has filed a statement of opposition in the Upper Arkansas <br />Exchange Case. <br /> <br />G. BWWP filed an application for a conditional storage right for enlargement of <br />Clear Creek Reservoir in December of 2004 (Case No. 04CW130, Water Division No.2). <br />Chaffee County, among other Parties, filed a statement of opposition in that case. <br /> <br />. <br /> <br />H. Certain of the Objectors are suppliers of water for municipal and other uses and <br />presently operate and/or contemplate operating exchanges on the Arkansas River. Said <br />Objectors reasonably anticipate they will have the need to operate and/or participate with others <br />in future exchanges on the Arkansas River, which exchanges are critical to the health, safety and <br />welfare of those who receive water service from said Objectors. <br /> <br />I. The Parties desire, by this MOU, to achieve the following ends: <br /> <br />1. To settle the Objectors' opposition in the RICD Case upon terms, <br />conditions and limitations that will (a) protect the Objectors' water rights (including water rights <br />sought in applications pending as of December 31, 2004) against injury; (b) protect the future <br />operation of the Fryingpan-Arkansas Project for its authorized purposes, and of the VFMP for its <br />recreational and fishery purposes; and (c) provide an agreed level of protection for native <br />Arkansas River flows for a reasonable recreational experience at the Boating Parks in Buena <br />Vista and Salida, while preserving reasonable opportunities for future water development and <br />exchanges in the Arkansas River basin upstream from Buena Vista and Salida. <br /> <br />2. To provide for future continuing operation of the VFMP in a manner <br />generally consistent with the recent annual VFMP operations, with the cooperation of all the <br />Parties to the extent provided below, and as they may further agree. <br /> <br />3. To establish certain Parties' support for PSOP legislation and related <br />. actions consistent with the VFMP and this MOD. <br /> <br />S62341 <br /> <br />2 <br />