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. . . beyond the scope of the existing decree and/or that the exchanges involved new sources of water not identified in the decree, and/or that the exchanges involved new or enlarged diversion or storage facilities that were not identified in the decree or in paragraph 18 below. The Parties hereto agree not to oppose future diligence applications and/or applications to make absolute the RICO W:::.tPT nohtlO: th~t ~rp thp (;ll1hlprot n:f th,p f"r\nconnt n"'ro...oo. "no 1.............. "... ..."....1-.. n...........l~........+~^..." ........0. '__ __ ____"_ --0---- .---- --- -~-- ~-~J--" .....~ .......... "'''''................. Lo'.................., '-'v .....H..O ...."" "'............ ....,py...........u.vJ.J..., "'"-.... made subject to and consistent with this MOU. 18. Agreement Concerning Senior Exchanges. Senior Exchange Holders have existing decreed water rights (listed in Exhibit E), and Upper Arkansas has the Upper Arkansas Exchange Case pending, some of which include identified exchanges to or from Turquoise Reservoir, Twin Lakes, Clear Creek Reservoir and/or Pueblo Reservoir. Absent an express provision in said existing decrees to the contrary, and subject to such other conditions in the said existing decrees including, but not limited to, source of water limitations, the Parties hereto agree that (a) any said exchanges specifying Turquoise Reservoir and/or Clear Creek Reservoir include an enlarged capacity of up to 38,161 acre-feet in Turquoise Reservoir and Clear Creek Reservoir combined (the combined amount of proposed enlargements currently pending in Case Nos. 00CW139 and 04CW130); and (b) any said exchanges specifying Pueblo Reservoir include an enlarged capacity not exceeding 75,000 acre-feet in Pueblo Reservoir as contemplated by PSOp, This agreement is expressly limited to the specific reservoir enlargements identified above. 19. Operation of Senior Water Rights. The Senior Exchange Holders, Lower Arkansas and Upper Arkansas agree that, to the extent practicable, and without impairing their senior rights, they will cooperate with Chaffee County to take reasonable measures to operate their senior exchange rights and storage rights in a manner that minimizes the reduction in flows available to the R1CDs, and that helps satisfy the VFMP target flows consistent with the VFMP Agreement described above. Upper Arkansas exchanges applied for in the Upper Arkansas Exchange Case further will be operated in a manner consistent with any terms and conditions in the decree ultimately entered in that case, Should said goal of minimizing the reduction of flows available to the RICDs conflict with the goal of not impairing the senior rights of the Senior Exchange Holders, Lower Arkansas and Upper Arkansas, the latter shall prevail over the former. The County acknowledges that certain senior Fryingpan-Arkansas Project exchanges are operated by Reclamation, and that Reclamation is not a party to this MOU. 20. ROY Storage. CS-U, BWWP and Southeastern are parties to the Arkansas River Flow Management Program ("Flow Management Program"). As a result of the Flow Management Program, CS-U and Southeastern have agreed to forego certain in-priority diversions that they could make under their existing senior decreed exchange rights ("Foregone Diversions") in order to maintain certain flows through the Pueblo Legacy Project. CS-U, BWWP and Southeastern, among other parties, have agreed to cooperate to provide for the recapture and storage for later use of those Foregone Diversions ("ROY Storage"). Chaffee County agrees that any exchanges by the Senior Exchange Holders of said ROY Storage water to reservoirs upstream of the RICDs will be considered to occur under the existing senior exchange decrees and will be senior to the RICDs. 21. Future In-Stream Flow Rights and RICDs. Chaffee County agrees not to request that the CWCB seek an in-stream flow water right on the main stem of the Arkansas River, or support such a request by another, so long as the VFMP is in place in a manner consistent with S82341 14