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<br />4 <br /> <br />a. On an annual basis, the previous 5 years' gaged inflow to Muddy Creek. <br />Reservoir will be evaluated to determine if the periOd of record will <br />be considered as hydrologically similar utilizing the criteria <br />established below. <br /> <br />b. The maximum drought deficit will be determined by evaluating the <br />consecutive years of the periOd that are below mean annual flow of the <br />1953-1982 periOd (64,400 acre-feet). This deficit is the sum of the <br />difference from mean for the consecutive number of years below the mean <br />annual flow. <br /> <br />c. If the average drought deficit is greater than the average deficit of <br />44,000 acre-feet for the 1953-1982 period, then the period will be <br />considered to be hydrologically not similar and the delivery of water <br />will not be expected to have occurred in the 3 years out of 5 criteria. <br /> <br />d. The 1953-1982 periOd of record for Muddy Creek was based upon <br />synthesized hydrologic data. Therefore, after 20 years of actual <br />st~flow data on Muddy Creek at the reservoir site have been <br />acquired, data for the 30-year periOd of 1953-1982 will be reevaluated <br />and new drought statistics for the stream will be computed and compared <br />to the values presented in paragraphs 2.b. and 2.c. above. If the mean <br />annual flow and average 5-year drought deficit are found to be <br />significantly different, then the criteria in 1.a., 1.b., 2.b., and <br />2.c. may be adjusted with consent of both parties. <br /> <br />The initial period of reservoir fill following dam closure will not provide <br />a valid hydrologic basis for comparison to the 1953-1982 study period. <br />During this initial (3- to 4-year) period, priority must be given to the <br />reservoir fill schedule and operations will be driven by the overriding <br />reQuiresents of structural integrity. Consequently, the first evaluation <br />of performance using the above criteria will be at the end of the fifth <br />year following the determination by the River District that MUddy Creek. <br />Reservoir is operational as defined under the terms and conditions of the <br />lease with the Denver Board of Water Commissioners dated March 3, 1987. <br /> <br />If, usillg the above criteria, the runoff periods are determined to be <br />similar but the 3,000 acre-feet flow releases to the IS-mile reach were not <br />available in 3 years out of 5, then the parties will determine the reasons <br />for the deficiency. If the Service determines that the River District has <br />not met its obligations under this MOU, the Service will notify the Bureau <br />of land Management (Bureau) and/or the Corps of Engineers (Corps) that the <br />River District is not in compliance with any permits issued by the Bureau <br />and the Corps requiring delivery of the 3,000 acre-feet to the IS-mile <br />reach on an average of 3 years out of 5. <br />