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<br />. <br /> <br />. <br /> <br />. <br /> <br />assist in administering this MOU as may be directed by the Flow Coordination Committee from <br />May I through June 30 of years where there are Reduced RICD Calls. <br /> <br />The purpose of this Committee is to establish a forum for communication on the issues <br />set forth helow. Tn no event, however, .hall thp. COTTl!!!;tt"P. h"vp. thp. authority to regulate or <br />demand adjustments in operations of the water rights of its members. Should the goal of <br />minimizing the reduction of flow available to the RICDs as referenced in this paragraph 6 <br />conflict with the goal of not diminishing the rights and needs of the Senior Exchange Holders <br />and Upper Arkansas, the latter shall prevail over the former, subject to the other provisions of <br />this Agreement. The issues that the Committee shall consider and provide input regarding <br />include the following: <br /> <br />a. To help coordinate, to the extent practicable, and without diminishing the <br />rights of the Senior Exchange Holders, Lower Arkansas, Aurora or Chaffee County or its <br />assignees described in paragraph 3.b, the Reduced RICD Call based upon water availability <br />projections, the needs of the Senior Exchange Holders, Lower Arkansas, Aurora and/or Chaffee <br />County or its assignees, and other pertinent information, to most efficiently assist in the <br />operation of the Recovery Year Exchanges and Limited Future Exchanges, while minimizing the <br />reduction of flow available to the RICDs. This shall include determining the timing and extent <br />of the Reduced RICD Call, within the conditions and limitations set forth in this agreement, if <br />the full Reduced RICD Call is not required to meet the demand of the Limited Future Exchanges <br />and/or Recovery Year Exchanges. The Committee may not require a Reduced RICD Call more <br />stringent on Chaffee County than set forth above in paragraph 5. <br /> <br />b. To help facilitate and coordinate, to the extent practicable, without <br />diminishing or injuring any of the rights of the Senior Exchange Holders, Lower Arkansas and <br />Upper Arkansas, the operation of senior water rights and exchanges owned by the Senior <br />Exchange Holders, Lower Arkansas and Upper Arkansas, and releases from storage, to most <br />effectively provide for the needs of the Senior Exchange Holders, Lower Arkansas and Upper <br />Arkansas, while minimizing the reduction of flows available to the RICDs and, if practicable, to <br />benefit the RICDs. The Senior Exchange Holders, Lower Arkansas and Upper Arkansas retain <br />discretion in exercising their senior rights consistent with their decrees, but agree to cooperate in <br />good faith to exercise those rights in a way that minimizes the reduction of flows available to the <br />RICDs as set forth below in paragraph 19. <br /> <br />c. To help coordinate, whenever practical, modified exchange timing or <br />reductions in diversions by Senior Exchange Holders, Lower Arkansas and Upper Arkansas to <br />help protect the present VFMP target flows and to avoid triggering additional releases for the <br />VFMP (as defined above), all without diminishing or injuring the rights of the Senior Exchange <br />Holders and Upper Arkansas. The Flow Coordination Committee shall coordinate this objective <br />with CDNR and Southeastern in a manner consistent with the VFMP Agreement referenced in <br />paragraph 10 below. <br /> <br />d. To help resolve whether the shortfall conditions described above at <br />paragraphs 2(a), 2(b) and 2(c) are satisfied in a given year using all relevant information <br />available. Senior Exchange Holders shall make available relevant information within their <br />possession to help determine whether said shortfall conditions have been satisfied. <br /> <br />S82341 <br /> <br />9 <br />