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<br />not be deemed to be a lien or encumbrance. In like manner, <br />any lien or encumbrance then existing which relates solely to <br />the sixty percent interest of the River District in the <br />Capacity and the Water Right (hereinafter collectively <br />referred to as "River District Share") shall not be a basis <br />for objection to title. <br /> <br />c. The special warranty provisions of Exhibit A shall be <br />subject to any conditions or limitations imposed upon the <br />Denver Share by the decrees to be entered in Consolidated <br />Civil Cases 2782, 5016 and 5017, and in 91CW252, referenced in <br />Recital F above, or by any order to be entered as a result of <br />the appeal referenced in Recital H above. <br /> <br />7. The River District shall be the operator of the Reservoir <br />notwithstanding the aforesaid conveyance and assignment. The River <br />District and Denver shall meet during the period of December <br />through May in each year and develop a mutually agreeable annual <br />operating plan. This plan may be modified from time to time as <br />conditions warrant. In general, the River District shall operate <br />the Reservoir in accordance with Paragraph 13 of the Lease <br />Agreement as 'the same may be supplemented by the provisions hereof. <br /> <br />8. Denver's use of water contained in the Denver Share shall <br />be for the purposes set forth in Paragraph 4 of the Lease Agreement <br />and in accordance with the procedures for substitution provided in <br />the Lease Agreement and the Substitution Agreement, including, <br />without limitation, Denver's obligation to take advantage of its <br />transmountain effluent return flows as provided by Paragraph 4(d) <br />of the Lease Agreement. <br /> <br />9. In connection with the permitting process required for <br />the Reservoir, the River District has made certain plans for water <br />use which shall be accounted as uses made from the River District <br />Share. The uses proposed by the River District are as follows: <br /> <br />EXPLANATION <br />Middle Park Water Conservancy District, per <br />year <br /> <br />Releases for endangered fish in the Colorado <br />River three out of five years, on average <br /> <br />Amount <br />3,000 a.f. <br /> <br />3,000 a.f. <br /> <br />Evaporation, seepage and mitigation for <br />wetlands loss, per year <br /> <br />2,000 a.f. <br />( estimated) <br /> <br />Establish and maintain a m~nJ.mum recreation <br />level from May 15 to September 7 in each year <br /> <br />10,000 a.f. <br /> <br />4 <br />