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<br />.' <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />allowed to request a Reduced RICD Call unless approved by Chaffee County, which approval <br />shall not umeasonably be denied. Any such applications filed subsequent to the execution of this <br />MOO shall expressly reference this MOO. Chaffee County shall limit its opposition in Water <br />Court to such applications solely with respect to the appropriative rights of exchange that will be <br />onerateo as T ,1m-iter1 Flltllr~ F:x~h~nof':_Q or RP:C'J)VP:TV Vp~r Py("_h~no-p~ f11p~ h" nr for thp: np:np.fit <br />.. -- - ------- ----------Q-- ~- -----, --.I - -- --------0-- ----- -.I' -- --- ---- -------- <br />of, the Senior Exchange Holders or Lower Arkansas to ensuring compliance with this MOO and <br />to ensuring that such exchanges are otherwise junior and subject to Chaffee County's RICDs. <br />This agreement to limit opposition in Water Court does not limit Chaffee County's ability to <br />oppose any diversion or storage structure associated with said exchanges that an applicant <br />proposes to locate or enlarge within Chaffee County, subject to the limitations in paragraph 13. <br /> <br />b. Southeastern's Limited Future Exchanges shall not exceed a cumulative <br />total of 19,600 acre-feet in any given year and shall not exceed a cumulative total of 400 cfs at <br />any time. <br /> <br />c. BWWP's Limited Future Exchanges shall not exceed a cumulative total of <br />15,000 acre-feet in any given year and shall not exceed a cumulative total of 1300 cfs at any <br />time. <br /> <br />d. CS-O's Limited Future Exchanges shall not exceed a cumulative total of <br />50,000 acre-feet in any given year and shall not exceed a cumulative total of 1500 cfs at any <br />time. <br /> <br />e. Limited Future Exchanges for development at or upstream of Salida in <br />Chaffee County shall not exceed a cumulative total of 3,890 acrc-fcct in any given year. <br /> <br />f. Limited Future Exchanges associated with rotating land fallowing and <br />water leasing program by Lower Arkansas shall not exceed a cumulative total of 35,000 acre- <br />feet. <br /> <br />g. Any Senior Exchange Holder that has the legal obligation to supply, <br />distribute or otherwise provide water at retail to domestic, commercial, industrial or public <br />facility customers may only operate Recovery Year Exchanges during a Reduced RICD Call ifit <br />has in place in its service area mandatory watering restrictions, an increasing block rate or <br />disincentive rate, or some other effective mechanism to reduce water demand. <br /> <br />h. Nothing in this MOO or the Consent Decree shall be considered evidence <br />of an intent to appropriate for purposes of establishing priority dates for the Limited Future <br />Exchanges or Recovery Year Exchanges. Likewise, nothing in the MOO or the Consent Decree <br />shall be deemed as consent or a waiver by a Party hereto to object to such applications, with the <br />exception of the limitations imposed upon Chaffee County under paragraph 4.a <br /> <br />5. Reduced RICD Call. In the event Chaffee County's RICDs are limiting the flow <br />available to satisfy the Limited Future Exchanges or Recovery Year Exchanges that are being <br />operated consistent with all conditions and limitations set forth in paragraphs 2-4 above, then, <br />upon request provided to Chaffee County with a copy to the Flow Coordination Committee <br />(described below at paragraph 6) by a Senior Exchange Holder, Lower Arkansas or by Chaffee <br />County or its water supply entities pursuant to paragraph 3.b, Chaffee County shall implement a <br /> <br />SB234\ <br /> <br />7 <br />