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<br />~-- <br /> <br />(b) one-half of the Compact Waters shall <br />on relinquishment be held by the District <br />for release in the irrigation season in <br />the year following storage of such waters <br />to the direct flow rights of Rio Grande <br />River pursuant to the instructions of <br />the Board of Directors of the Rio Grande <br />Water Users Association. The Rio Grande <br />Wate~ Users Association has, by the <br />Agreement. ;attached hereto as Exhibit A, <br />approved a pr~cedure for Compact Storage <br />and allocation of any Compact Waters . <br />accruing to the benefit' of water users <br />on the Rio Grande mainstem. The District, <br />and the State' Engineer mutually agree <br />to honor that procedure. <br /> <br />4. District's Retained Right of Storage <br /> <br />Notwithstanding any right of the State of Colorado <br /> <br />or the beneficiaries of rel~nquished Compact Waters to <br /> <br />occupy storage space at the Reservoir, the District's right <br /> <br />to first use of the Reservoir's capacity for storage of <br /> <br />waters impounded under exercise of decreed water rights of <br /> <br />the District shall be paramount. The right of the State <br /> <br />Eng'ineer and of beneficiaries of relinquished waters to use <br /> <br />\ <br />\ <br />I <br />I <br /> <br />storage space at the Reservoir is subordinate to the prior <br /> <br />right of the Distri~t to utilize the Reservoir's capacity. <br /> <br />To this end, Compact Waters, including such water relinquished <br /> <br />to Colorado beneficiaries other than the District, shall be <br /> <br />deemed to overlay waters of the District, and shall be <br /> <br />deemed the first water spilled from the Reservoir, or evacuated <br /> <br />from the Reservoir should public safety require lowering the <br /> <br />water level in"the Reservoir. <br /> <br />5. Ordinary Operation and Maintenance Costs <br /> <br />The District shall bear the ordinary costs of <br /> <br />operation and maintenance of the Reservoir. <br /> <br />6. District as Operator <br />The District shall be the operator of the Reservoir. <br /> <br />The District shall,eo-operate with the water commissioner <br /> <br />for Former Water- District 20 in maintaining appropriate <br /> <br />records of Compact Waters stored pursuant to this Agreement. <br /> <br />- 4 - <br />