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BOARD00820
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Last modified
8/16/2009 2:54:21 PM
Creation date
10/4/2006 6:44:22 AM
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Template:
Board Meetings
Board Meeting Date
7/26/2006
Description
ISF Section - Pine River Proposed Water Donation - La Plata County
Board Meetings - Doc Type
Memo
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<br />paragraph 1.S., are appropriate to improve the natural environment to a reasonable degree in <br />. the ISF Reach. <br /> <br />1.U. The parties recognize that but for this Agreement, releases from Vallecito could be zero <br />during a portion of the Winter Months. The parties assert that a 5 cfs release during a Shortage <br />will be more beneficial to the natural environment than a zero release, and that each <br />incremental increase in flow, as provided for under this agreement, will further benefit the <br />natural environment. <br /> <br />1.V. The parties also aCknowledge that in addition to providing benefits that are available <br />through a standard BOARD ISF water right, this Agreement is the best mechanism for <br />maximizing opportunities to meet both goals set forth in Recital 1.0. above. <br /> <br />NOW THEREFORE, in consideration of the mutual and dependent covenants contained <br />herein, the parties agree as follows: <br /> <br />Section 2 <br /> <br />Definitions <br /> <br />. <br /> <br />The following definitions are for the purposes of this Agreement only. <br /> <br />2.A. Best Efforts - Best Efforts means a reasonable, good faith effort, taking into account <br />other legal and contractual obligations and duties. <br /> <br />2.8. Donated Water -Donated Water includes both Storage Water and certain Vallecito <br />Deliveries up to the levels defined herein which is to be provided to CWCB by PRID andlor the <br />TRIBE for ISF use to preserve or improve the natural environment in the ISF Reach. PRID and <br />the TRIBE must provide Donated Water only when Senior Water and Vallecito Deliveries: (a) for <br />the Summer Months, do not maintain the Summer Months' target flows hereunder through the <br />lSF Reach; (b) In contrast, for the Winter Months, do not maintain the target flows hereunder at <br />the Measuring Point provided, however. PRID and the Tribe will provide 5.0 cfs at the <br />Measuring Point unless otherwise not required herein. The CWCB, however, will protect the <br />Donated Water in the Winter Months through the ISF Reach defined for the Winter Months. <br /> <br />5 <br />
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