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_..� _ - %�- _. i, Waters, including water relinquished by the State Engineer to direct flow rights on the Conejos River, shall be deemed to overlay waters of the District, and shall be deemed the first water spilled from the Reservoir, or evacuated from the Reservoir if evacuation is necessary. _. 6. The District shall bear the ordinary costs of operation and maintenance of the Reservoir. The State of Colorado shall not be liable or responsible for any paytaents or obligations for operational costs or maintenance expenses due to the provision of storage capacity for Compact Waters. 7. The District shall be the operator of the Reservoir. The District shall cooperate with the Division Engineer for Water Divisior. No. 3 and the 'rTater Commissioner for Former Water District 22 in maintaining appropriate records of Compact Waters stored pursuant to this Agreement and all other classes of water stored in or released from the Reservoir. 8. The present accounting system shall continue to be used, namely that when water is stored it shall be added to the gaged flow at Mogote, and when storaae water is released it shall be subtracted from the flow at that aage, so as Lo properly represent the Comoact index flow. 9. The State Engineer shall continue to maintain and operate the stream gaging stations required pursuant to Article II(b) through (e) of the,Rio Grande Comoact and the stream gaging station below Platoro Dam, and provide the.District with access to all data collected from those stations. The District shall support the State Engineer before the General Assembly in any future requests for funding from the State to continue operation and maintenance of those gages as may be necessary. � 10. This Agreement shall have a term of 40 years or until the District's obligations to repay the Colorado Water Conservation Board for financing the transfer of Reservoir operations have been fully satisfied, whichever is less. 11. The terms and conditions of this Agreement are based on the present knowledge of the State Engineer and the District regarding operation of the Reservoir for District and Compact purposes. The District is currently developing an operational model for the Reservoir and the Conejos River system. The parties intend to use the model as the basis for future Reservoir operations after the model is calibrated and refined through use by the parties. This agreement shall be reviewed annually, and a memorandum of understanding shall mutually be agreed upon until such time that the most effective and acceptable operating criteria can be determined. If the results of the model require that this Agreement be modified, the parties agree to negotiate in good faith towards any necessary amendments to this Agreement. Any 4