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. . . an agreement by any party (other than the VFMP Parties) to operate its water rights or exchanges in a manner that is more restrictive on that party than the conditions agreed to in paragraphs 15 and 19 below. However, the Senior Exchange Holders further agree that, to the extent practicable, they will (i) operate their water releases and exchanges from October 15 to Novemhf':f l'i in ~n ~ttP.111nt tn m~lnt~in flnw<;: hp:twppn ?'::;;O ~nr1 .::;;O() (".f!;;: ~t Wplh~villp to m~int~i!! - - -- ---- ---. ---~c - - - ------~-.~.--- --- .. - - - -.. - --- -- - ~-- - - - --- -. ., ----. ----, -- ---------, consistency with the VFMP while allowing greater exchange potential from November 16 to April 30; and (ii) help maintain higher incubation flows between November 16 and April 30, as described in Paragraph 3.C of the VFMP Agreement, if spawning flows from October 15 to November 15 are between 501 cfs and 700 cfs. II. RICD Legislation. Following execution of this MOU, the Parties agree they shall not seek or support enactment of legislation that would in any way limit, constrain or enhance Chaffee County's rights sought in the RICD Case (as set forth in the Consent Decree), including administration of such rights or future applications by Chaffee County to make absolute or to retain the conditional RICD water rights, in a manner inconsistent with this MOU and the Consent Decree; provided, however, that CDNR, CDOW, CWCB and DPOR (the "State Agencies") are not parties to nor bound by this paragraph II. This provision, however, is not applicable to any legislation that would affect only new RICD water rights, including enlargements to existing RICD water rights. This provision is also not applicable to legislation that is not intended to have any direct impact on RICDs, but which could have indirect impacts on water rights generally, including RICDs. 12. PSOP Legislation. Following execution of this MOU, and after consultation with appropriate Parties from this agreement and from other agreements between Southeastern and other parties, Southeastern shall request Members of Congress from Colorado to introduce and support federal legislation to authorize certain recommendations of the September 21, 2000 "Preferred Storage Options Plan" ("PSOP") report relating to the Project. The Parties, except for the State Agencies, shall support Southeastern's request for such legislation. Previous efforts to enact these PSOP recommendations include HR 4691, IOSth Congress, 2nd Session. No Party shall request congressional changes to such PSOP legislation unless such changes are mutually agreed to by Southeastern, CS-U, BWWP, Upper Arkansas, and Aurora. The Parties shall not knowingly or intentionally take any actions to impair or impede the ability of a Party to obtain the necessary permits, contracts and/or authorizations for the excess capacity components of the PSOP from Reclamation or any other governmental entity, subject to paragraph 13 below; provided, however, that nothing in this MOU shall preclude the Parties from responding to requests for information from governmental entities, or from commenting on issues of concern unrelated to the quantity of Arkansas River flows through Chaffee County, and not in conflict with the spirit of this MOU. As between the parties to any prior agreement (including any memorandum of agreement or intergovernmental agreement) between Southeastern and any other Party hereto, nothing in this paragraph is intended to supersede, modify, or add to any provision of such prior agreement. 13. 1041 Regulations. Nothing in this MOU shall be interpreted as limiting Chaffee County's discretion in applying its 1041 regulations to any future projects. Notwithstanding, Chaffee County and the Parties agree that they have all received benefits from the terms negotiated herein, including but not limited to the Recovery Year Exchanges and Limited Future Exchanges, the Parties' agreement to the Consent Decree, and protection of the VFMP. 5B2341 II