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BOARD00553
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Last modified
8/16/2009 2:51:56 PM
Creation date
10/4/2006 6:40:24 AM
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Board Meetings
Board Meeting Date
3/21/2006
Description
WSP Section - Chaffee County RICD
Board Meetings - Doc Type
Hearings
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<br />. <br /> <br />. <br /> <br />. <br /> <br />Reduced RICO Call as described below. If the full extent of the Reduced RICO Call set forth <br />below is not required to meet the demand of the Limited Future Exchanges and/or Recovery <br />Year Exchanges, and the requesting Party reasonably agrees with that assessment, then the Flow <br />Coordination Committee shall have the discretion to determine the extent and timing (on a daily <br />or lnnO"f>r h~I;;:;~\ nf thp' np.rp.~~~r" rpr1ll{'t;nn~ -in thp RTrn ,...~1l t~lt-;no lntn ~r("nllnt r.h~ffpP: <br />-- -~--o-- -----" -- --- ---------J ------.---~ --- ~--- ----- ----, ~-----o ----- -------- -------- <br />County's desires to maximize the flow through the Boating Parks. In no event, however, shall <br />Chaffee County be required to implement a Reduced RICO Call that exceeds the following <br />limitations: <br /> <br />a. For any and all Limited Future Exchanges under this MOU or pursuant to <br />any other stipulation approved by the Court in the RICO Case, the Reduced RICO Call shall not <br />be required to drop below 1200 cfs during the 3D-Day Period that is not one of the 8 Event Days <br />(Events Days shall remain at 1800 cfs). <br /> <br />b. For any and all Recovery Year Exchanges under this MOU or pursuant to <br />the Aurora Stipulation discussed at paragraph 8 below, the Reduced RICO Call shall not be <br />required to drop below 1500 cfs during the 8 Event Days and 1000 cfs during the remainder of <br />the 3D-Day Period, except for Saturdays and Sundays during the 3D-Day Period that are not <br />Event Days, during which the Reduced RICO Call for Recovery Year Exchanges shall not be <br />required to drop below 1100 cfs. <br /> <br />The Reduced RICO Call for Limited Future Exchanges and Recovery Year Exchanges <br />under this MOU and pursuant to any other stipulation approved by the Court in the RICO Case is <br />not cumulative, so that even if Limited Future Exchanges and Recovery Year Exchanges are <br />both being operated in the same year by multiple entities, Chaffee County shall never be required <br />to call for less than 1500 cfs for Event Days or less than 1100 cfs on weekend days during the <br />3D-day period that are not Event days, or less than 1000 cfs for the remainder of the 3D-Day <br />Period that is not an Event Day or weekend day, regardless of whether the entities exercising <br />such exchanges are capable of diverting the maximum amounts allowed under paragraph 4 <br />herein or under any stipulation approved by the Court in the RICO Case. Exchange or new <br />appropriation capacity made available by the Reduced RICO Call shall be available to any water <br />user in priority. <br /> <br />6. Flow Coordination Committee. A Flow Coordination Committee (also referred to <br />herein as the "Committee") consisting of representatives for Chaffee County, Senior Exchange <br />Holders, Lower Arkansas, City of Aurora, acting by and through its Utility Enterprise <br />("Aurora"), and Upper Arkansas shall meet upon the request of any member of the Committee or <br />as required by this Agreement. Meetings shall be held as soon as practicable after a request for a <br />meeting, but in no event more than twenty calendar days after the request. Meetings may be by <br />telephone or electronic means if the Committee so agrees. The Committee may invite <br />participation at a meeting by the Division 2 Engineer, Colorado Department of Natural <br />Resources, U.S. Bureau of Reclamation, Arkansas River Outfitters Association, and such other <br />participants as the Committee may, from time to time, agree to invite. The Committee shall <br />operate by consensus and shall make a good faith effort to reach such a consensus. Ifunable to <br />reach a consensus on any matter committed to the Committee for determination by this <br />Agreement, the matter shall be resolved in accordance with the dispute resolution provisions of <br />paragraph 16 below at the request of any Party. Chaffee County shall supply a staff person to <br /> <br />SB2341 <br /> <br />8 <br />
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