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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 />e. <br /> <br />To help resolve any disputed issue that arises under this MOU. <br /> <br />f. To help facilitate and coordinate other native flow and exchange <br />management issues on the Arkansas River at and above the Wellsville gage as may arise from <br />time to time, to the extent practicable, without diminishing or injuring any of the rights of the <br />Senior Exchange Holders, Upper Arkansas, Lower Arkansas, Chaffee County or its assigns (as <br />referenced in paragraph 3.b) and Chaffee County's RICDs, in order to protect and provide for the <br />interests of water supply providers and Chaffee County's interests in the RICDs. <br /> <br />7. Native Flow. The Parties agree that any decree entered in the RICD Case will <br />provide rights only to native flows of the Arkansas River at the Boating Parks specified in the <br />Consent Decree. Although non-native water and storage releases may flow through and be put to <br />use in the Boating Parks to help satisfY the RICDs, such a decree shall not give Chaffee County <br />any rights to Project water or other trans-mountain water or stored water, nor shall it limit in any <br />way either the amount or pattern of flows or releases of such water, nor provide any basis for any <br />party to request or demand releases of such water to maintain flows at any level described in the <br />Consent Decree. <br /> <br />. <br /> <br />8. Aurora Stipulation. The Parties acknowledge that Chaffee County and Aurora <br />have entered into a separate stipulation, attached hereto as Exhibit C, by which Aurora may <br />benefit from the Reduced RICD Call by exercising Recovery Year Exchanges and Limited <br />Future Exchanges in the same manner as the Parties hereto, subject to the terms and conditions <br />contained therein. The Parties hereto agree that Aurora shall be a member of the Flow <br />Coordination Committee in the same manner as the Senior Exchange Holders as noted above in <br />paragraph 6 above. Although the Parties agree not to oppose the Stipulation between Chaffee <br />County and Aurora, nothing herein shall be deemed as consent or agreement by the Parties to <br />any plans or operations that Aurora may exercise to utilize the Reduced RICD Call or to other <br />agreements contained therein that do not apply to using the Reduced RICD Call. Moreover, <br />nothing in this MOU or in Exhibit C modifies, supercedes, interprets or adds to any prior <br />agreement (including any memorandum of agreement or intergovernmental agreement) between <br />the City of Aurora and any Party hereto. <br /> <br />9. Additional Stipulations. Simultaneous with the execution of this MOU, Chaffee <br />County will execute (a) a stipulation with Upper Arkansas in the Upper Arkansas Exchange <br />Case; (b) a stipulation with BWWP in BWWP's pending Case No. 04CW130; and (c) an <br />agreement with Pueblo West regarding dry up conditions on the Hill Ranch. Nothing herein <br />shall be deemed as a consent or agreement by the other Parties to any rights granted or plans of <br />operation contained therein. <br /> <br />. <br /> <br />10. VFMP Agreement. Within ten (10) days following execution of this MOU, <br />CDNR, CDOW, DPOR, Southeastern, Chaffee County, AROA and Trout Unlimited (the <br />"VFMP Parties") will enter into a five-year renewable agreement regarding operation of the <br />VFMP for a minimum of five years in the form attached hereto as Exhibit D (the "VFMP <br />Agreement"). All parties to this MOU consent to the operation ofthe VFMP in accordance with <br />the terms of the VFMP Agreement during the time said VFMP Agreement remains in effect. <br />The consent to such operation as described in this paragraph does not imply that any party to this <br />MOU (other than the VFMP Parties) is bound by the entire VFMP Agreement, nor does it imply <br /> <br />SB2341 <br /> <br />10 <br />
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