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. . . Accordingly, Chaffee County agrees that in considering any 1041 application filed by the Senior Exchange Holders or Upper Arkansas related to any absolute or conditional water rights they own that are senior to Chaffee County's RICDs, and/or the Limited Future Exchanges and Recovery Year Exchanges contemplated in this Agreement, Chaffee County shall not consider anv lmn;:Jd~ to lt~ RICO w~tp.r rioht~ nr h{)~tlna n~r1< <;;:trllC'tllrp.<,:, u,hpn rlptpnl11nlno whpthPT to '" ....----'- -- --- ----~ ..~.._- --0---- -- --------0 r--- -----.----- ,,----- --------------0 ..-------- -- grant or deny a permit under its 1041 regulations, so long as said rights will be operated consistent with the provisions of this MOU and/or their respective decrees. Chaffee County may, however, consider any other impacts associated with such projects as may be allowed under 1041. 14. Additional Agreements regarding the RICD Case. a. Chaffee County, Southeastern and any other Parties hereto that participated in the CWCS Hearing, or that filed statements associated therewith, will request the CWCS to support the Consent Decree and MOU in making its statutory findings. Such Parties will submit this MOU and the Consent Decree, and any argument and evidence in support of the Consent Decree and MOU for the CWCS's consideration at the March, 2006 meeting, in accordance with any procedures set by the CWCS. The Parties hereto shall not take any position and/or action before the CWCS that is inconsistent with this MOO and the Consent Decree b. The Parties hereto agree that the Consent Decree and this MOU are consistent with the doctrine of maximum utilization as applicable to these RICDs only. The parties hereto agree not to take any position and/or action with respect to these RICDs before the Water Court, or on appeal, that is inconsistent with the Consent Decree and this MOU. 15. Future Water Rights. Nothing in this MOU shall prevent any Party from hereafter applying for new water rights in the future, subject to Colorado law governing priorities and appropriation dates. However, the Parties agree that, so long as the VFMP target flows do not exceed those in the attached Exhibit D-l, they will not operate such future new water rights to exchange against water released from Twin Lakes or Turquoise Reservoir pursuant to the VFMP, nor will they divert or operate such water rights in such a manner as to trigger releases of water from Twin Lakes or Turquoise Reservoir pursuant to the VFMP. The Parties further agree that such future new water rights shall be subject to minimum Arkansas River flow requirements of 190.0 c.f.s. at the Fremont Sanitation District Wastewater Treatment Plant, and 240.0 c.f.s. (September through June) and 260.0 c.f.s. (July and August) at the Salida Wastewater Treatment Plant, to the extent such future water rights are for diversion, storage or exchange upstream from one or both of said wastewater treatment plants. The Parties further agree that such future new or enlarged water rights shall be subject and junior to the Consent Decree for the RICDs. The second sentence of this paragraph notwithstanding, any future applications for new or enlarged water rights or exchanges filed by Upper Arkansas on the Arkansas River main stem above Pueblo Reservoir shall be subject to terms and conditions (with regard to the VFMP flows defined in Exhibit D-l) that are no less restrictive upon Upper Arkansas than those ultimately decreed in the Upper Arkansas Exchange Case; and any future applications for new or enlarged water rights or exchanges filed by CS-U on the Arkansas River above Pueblo Reservoir, including Case No. 05CW96, shall be subject to terms and conditions (with regard to the VFMP flows defined in Exhibit D-l) that are no less restrictive upon CS-U than those contained in any long-term storage and/or exchange contract then in effect between CS-U and Reclamation. S62341 12