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<br />. <br /> <br />Water Supply Outlook Report "most probable" forecast (50% chance of <br />exceedance) for flows on the Arkansas River at Salida is less than 70% as of May <br />1; (ii) when CS-U reasonably determines that the most probable forecast (50% <br />chance of exceedance) for diversions to its account from the Colorado River basin <br />llO! lpl;!Q th~n 700/n of ~n,pr~{)"p ~Q nf f\A!l1J 1 -orith !l"p.r~op_ nf"lno rlp.finprl :lQ thp. <br />-- ---- ----- --.- -- -'---0- - -- ----.I -, ....-- -----0- -----0 -------- --- ---- <br />average of the most recent 20 years of actual diversions by CS-U to its account <br />from Colorado River basin sources; (iii) at anytime any portion of CS-U's trans- <br />basin or Upper Arkansas facilities suffers an unplanned failure that results in the <br />loss of ability to deliver water to the Upper Arkansas Basin above the RICD reach <br />or limits the ability to access water and deliver it to Colorado Springs; or (iv) if on <br />May 1 of any year, the percent of capacity of the combined storage in CS-U's <br />space in Twin Lakes Reservoir, Turquoise Reservoir, the Pikes Peak reservoirs, <br />and in Rampart Reservoir is 25 percentage points below the most recent 20 year <br />average for that date, For CS-U, Recovery Year Exchanges are permitted in the <br />year that the shortfall conditions defined above occur, and in the following year if <br />necessary to recover from the shortfall conditions of the preceding year. <br /> <br />. <br /> <br />c. For Southeastern, shortfall conditions for Recovery Year Exchanges shall be <br />deemed to exist in a given year when, on May 1 of that year, either (i) any <br />Turquoise Reservoir Enlargement capacity constructed after the date of this MOU <br />(but not allocated by contract to BWWP, CS-U or any entity outside <br />Southeastern's district boundaries), together with any Clear Creek Reservoir <br />Enlargement capacity constructed after the date of this MOU that is allocated by <br />contract to Southeastern, is less than 70% full; or (ii) the space available that year <br />in the presently existing capacity of Turquoise and/or Twin Lakes Reservoirs for <br />storage under excess capacity contracts held by Southeastern and/or its <br />constituents (other than BWWP and CS-U), after considering Reclamation's most <br />recent forecast of Fryingpan-Arkansas Project imports for that year, is less than <br />70% full. <br /> <br />If the Flow Coordination Committee (described below at paragraph 6) agrees that a lesser <br />reduction in the RICD call will fully accommodate all Recovery Year Exchanges allowed under <br />this paragraph 2, then the full extent ofthe Reduced RICD Call as set forth in paragraph 5 below <br />shall not be required and Chaffee County shall only reduce its RICD call to the extent agreed to <br />by the Flow Coordination Committee. All Recovery Year Exchanges are further limited by the <br />conditions set forth in paragraphs 4 and 5 below. <br /> <br />3. Limited Future Exchanges. Certain limited future exchanges described below are <br />currently anticipated to be reasonably necessary to allow for future water supply needs under <br />rights that will be junior to Chaffee County's RICDs (collectively and individually referred to <br />herein as "Limited Future Exchanges"). In the event Chaffee County's exercise of the RICDs <br />otherwise would reduce the ability to fully exercise the Limited Future Exchanges, Chaffee <br />County agrees to implement a Reduced RICD Call (as described in paragraph 5 below) during <br />the 30-Day Period in order to help facilitate the Limited Future Exchanges. Limited Future <br />Exchanges are further limited by the conditions set forth in paragraphs 4 and 5 below. <br /> <br />. <br /> <br />S62341 <br /> <br />4 <br />