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. . . and, as a shareholder of the Colorado Canal Companies, has rights of exchange decreed in Case Nos. 84CW62, 84CW63 and 84CW64. These exchange rights are senior to the RICDs. To supplement these senior decreed exchanges, CS-U may operate in the future additional exchanges which will be junior to Chaffee County's RICDs, including any exchanges decreed nllrl;.':l1~nt tn r~LT 1'<: npn,-l,no ~nnl;('~tlnn in r~cp l\Tf'\ f\'\rWQf\ Tn thP pytPnt th~t thp<:p. T .imltf.d c -------- -- - - - - r--~-~--o -rr----~-~-- .~. ~_~_ . ,~. ~_ _ " -~. ~ ~ u__ _..~---~ ---- ----- -------- Future Exchanges by CS-U are called out by Chaffee County's RICDs, CS-U may request and Chaffee County shall observe a Reduced RICD Call (described below at paragraph 5), subject to the conditions and limitations set forth below in paragraph 4. A meeting of the Flow Coordination Committee (described below at paragraph 6) will promptly be arranged in order to determine the extent of the needed Reduced RICD Call consistent with this Agreement and to help facilitate such exchanges under the Reduced RICD Call. e. Lower Arkansas, as a shareholder of the Colorado Canal Companies, has rights of exchange decreed in case Nos. 84CW62, 84CW63 and 84CW64. In addition to such rights, Lower Arkansas contemplates the need to conduct future exchanges of water on the Arkansas River into Turquoise Reservoir (including any future enlarged capacity thereof), Clear Creek Reservoir (including any future enlarged capacity thereof), and other existing and future reservoirs owned and/or operated by the Parties and the City of Aurora, such water for use within the Arkansas River Basin, as part of its implementation of a rotating land fallowing and water leasing program, which exchanges will be junior to Chaffee County's RICDs. To the extent these Limited Future Exchanges by Lower Arkansas are called out by Chaffee County's RICDs, Lower Arkansas may request and Chaffee County shall observe a Reduced RICD Call (described below at paragraph 5), subject to the conditions and limitations set forth below in paragraph 4. A meeting of the Flow Coordination Committee (described below at paragraph 6) will promptly be arranged in order to determine the extent of the needed Reduced RICD Call consistent with this Agreement and to help facilitate such exchanges under the Reduced RICD Call. 4. Conditions Upon Recovery Year Exchanges and Limited Future Exchanges. The following limitations and conditions are agreed to for the exercise of Recovery Year Exchanges and Limited Future Exchanges: a. Appropriative rights of exchange to be used for Recovery Year Exchanges and Limited Future Exchanges must be the subject of one or more Water Court applications filed in Water Division No.2 on behalf of the benefited Party hereto, no later than six years following the end of the year in which a final decree (after any appeals) is entered in the RICD Case ("Filing Deadline"), except that the Filing Deadline for the Limited Future Exchanges and other appropriations for the anticipated 3,890 acre-feet of possible increased water demand in Chaffee County by water suppliers, as set forth in paragraph 3.b, shall be December 31, 2030. Such applications for Senior Exchange Holders or Lower Arkansas may be filed by the Senior Exchange Holders or Lower Arkansas, or by entities acting on behalf of or in concert with the Senior Exchange Holders or Lower Arkansas, so long as the water is for use by the Senior Exchange Holders, Lower Arkansas, or their constituents. Such applications for Chaffee County may be filed by Chaffee County or its assignees, or by entities acting on behalf or in concert therewith, so long as the water is for use within Chaffee County. In order to request that Chaffee County implement a Reduced RICD Call after the Filing Deadline, said application(s) must either still be pending in Water Court, on appeal, or finally decreed to allow said exchanges; except that any such application not finally decreed within six years after filing shall not be SB2341 6