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. Al!reed UnderstandinI! WHEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties confirm their agreement and understanding as follows: 1. Consent Decree. The Parties agree that within ten (10) days following execution of this MOU by all Parties, they will execute stipulations, following the general form attached hereto as Exhibit A, agreeing to the entry of a decree in the RICD Case that is identical to the form attached hereto as Exhibit B (the "Consent Decree"). The Consent Decree includes, but is not limited to, RICD water rights for the Boating Parks during the time period from the Friday before the last Monday in May through June 30 of each year (the "High Flow Period"). Under the Consent Decree, in each year Chaffee County shall elect 30 consecutive days during the High Flow Period in which the RICD water rights shall be 1400 cfs ("30-Day Period"), with the exception of 8 days in June during that 30-Day Period ("Event Days") on which the RICD water rights shall be 1800 cfs, as more specifically described in the Consent Decree. During the remainder of the High Flow Period that is outside the 30-Day Period, the RICD water rights shall be limited to 700 cfs. The Consent Decree further allows for a reduction in the call placed by Chaffee County for the RICD water rights during the 30-Day Period, including the Event Days, ("Reduced RICD Call"), under the circumstances and subject to the conditions and limitations set forth in paragraphs 2 -5 below. . 2. Recoverv Year Exchanges. If the shortfall conditions described below are satisfied in any given year for CS-U, BWWP and/or Southeastern (collectively referred to herein as "Senior Exchange Holders" and individually referred to as a "Senior Exchange Holder"), such that one or more of the Senior Exchange Holders require exchanges, in addition to their senior rights, in order to refill depleted reservoirs and Chaffee County's RICDs are preventing the full exercise of such exchanges (collectively and individually referred to herein as "Recovery Year Exchanges"), and the Senior Exchange Holder acquires the additional water or water rights to make such Recovery Year Exchanges, Chaffee County agrees to implement a Reduced RICD Call (as described in paragraph 5 below) during the 30-Day Period in that year. a. For BWWP, shortfall conditions allowing for Recovery Year Exchanges shall be deemed to exist in a given year when the total amount of water it has stored in the "Upper Basin Reservoirs" is less than 19,100 acre-feet on May 1. For purposes of this provision, Upper Basin Reservoirs shall include Clear Creek Reservoir, Twin Lakes Reservoir, Turquoise Reservoir, or such other new or existing reservoirs, or enlargements thereof, that are utilized by BWWP in the Arkansas River basin above Salida. If a Reduced RICD Call is implemented in a given year pursuant to this provision, and BWWP's total amount of storage in the Upper Basin Reservoirs becomes equal to or greater than 29,400 acre-feet during the 30- Day Period in that year (or becomes approximately full if BWWP's actual storage capacity is less than 29,400), the Reduced RICD Call shall no longer be required during that 30-Day Period. . b. For CS-U, shortfall conditions allowing for Recovery Year Exchanges shall be deemed to exist in a given year when anyone or more of the following conditions apply: (i) when the Natural Resources Conservation Service's Arkansas Basin S62341 3