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<br />. <br /> <br />1.J. PRID and the TRIBE have vOluntarily made significant winter releases to the Pine River <br />since Vallecito was constructed. <br /> <br />1.K. The voluntary winter releases have historically been charged as water which could have <br />been stored as a portion of a Vallecito fill, Le. a Vallecito paper fill, by the Colorado Division of <br />Water Resources ("CDWR"). <br /> <br />1.L. The BOARD does not currently hold an instream flow (IS F) water right on the Pine River <br />downstream from Vallecito, and cannot protect current releases from Vallecito from diversion. <br />The BOARD wishes to provide year-round ISF protection for Donated Water in the Pine River in <br />the ISF Reach. <br /> <br />1.M. The TRIBE and PRID wish to assist the BOARD in obtaining such ISF protection by <br />providing Donated Water to the BOARD. <br /> <br />1.N. The BOARD wishes to accept the Donated Water from the TRIBE and PRID. <br /> <br />1.0. The purpose of this agreement is to describe the terms and conditions under which PRID <br />and the TRIBE will provide Donated Water to the BOARD for ISF use in the ISF Reach. The <br />parties acknowledge that this agreement is designed to achieve: (1) the primary goal of PRID <br />and the Tribe of providing a full water supply to their respective water users and (2) the <br />secondary goal of preserving andlor improving the natural environment to a reasonable degree <br />in the ISF Reach. <br /> <br />1.P. PRID, the TRIBE, and the CWCB have reviewed the historical hydrology for Vallecito and <br />the Pine River that were used in developing this Agreement. The historical hydrology indicates <br />that for the period 1950-2004, Winter Month average releases were (1) greater than 49 cfs for <br />53% of winter days; (2) between 34-49 cfs for 27% of winter days; and less than 34 cfs for 20% <br />of winter days. The historical hydrology also indicates that in the 1950-2004 period, there were <br />only two years of significant insufficient irrigation supply, 1977 and 2002, and two other years <br />when late season irrigation demands could not be met. <br /> <br />. <br /> <br />3 <br />