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, . . MEMORANDUM OF AGREeMENT Vail Valley consolidated Water District (District) and the Colorado Department of Natural Resources (Department) enter into the following Memorandum of Agreement this 23~day of March, 1990. WHEREAS, the District and the Department entered into a Memorandum of Agreement dated January 30, 1986, to settle Case No. 82CW238, Case Nos. W-3628, W-3631-3637, and to settle all issues relating to a Green Mountain Reservoir Water Service Contract of the District; and WHEREAS, the parties wish to modify the operating plan contemplated by the decree in 82CW328 to utilize loore effectively the augmentation water stored in ~lack Lakes; and WHEREAS, additional modifications may be required as the modified plan becomes operational and additional data collected through the monitoring process. NOW THEREFORE, the parties agree as follows: 1. For ten years from the date of this agreement, or until this agreement is amended or modified, the District shall operate the Black Lakes enlargement pursuant to the terms of the proposed reservoir operation plan for Black Lake enlargement dated October 17, 1989, set forth in a letter from Resource Associates, Inc. to J. William Mcponald, Director, Colorado Water Conservation Board, with two tables, attached as Exhibit A, with supplemental tables attached as Exhibit B. 2. The District will file an application in 82CW328 to incorporate the revised proposed operating plan for Black Lake and will use its best efforts to insure that the decree is amended prior to expiration of the 10 year period of retained jurisdiction. 3. Nothing herein shall be construed as an enlargement or limitation of the various rights and obligations set forth in the agreement between the parties dated January 30, 1986. AGREED TO this 2B~day of March, 1990. VAIL VALLEY CONSOLIDATED WATER DISTRICT ,?;(:, [> /rf', , '" // ..- ( u d ~. Drager, Jr. presii? COLORADO DEPARTMENT OF NATURAL RES CES ./ rJlr"'!>