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<br />161::-) <br /> <br />. <br /> <br />Article V - FISHERY AND RECREA TJON <br /> <br />The permanent fishery pool shall be operated in accordance with the following principles: <br /> <br />1. Water for the initial filling and for replacing evaporation and seepage losses will <br />be acquired by the State of Colorado without interference to the District Water Supply and <br />without interference to usable Stateline flows, or without additional cost to the District or the <br />United States for the Trinidad Project as envisioned in House Document No. 325. In the specific <br />case of the 11,467 acre-feet allocated to the permanent fishery pool pursuant to the Einal <br />Environmental Assessment for Revision of the Water Control Manual to Allocate Excess Storage <br />in Trinidad Lake, Las Animas County, Colorado, U.S. Army Corps of Engineers, dated <br />September 1994, the initial filling shall only be made using waters imported into the Arkansas <br />River basin from other river basins, either by direct importation or by exchange pursuant to the <br />laws of Colorado. The initial filling and the replacement of evaporation and seepage shall be <br />made according to the following procedures: <br /> <br />(a) All water rights on the Purgatoire River downstream of Trinidad Reservoir <br />will be satisfied during the period of any exchange; <br /> <br />. <br /> <br />(b) Prior to any exchange, the specific source of imported or native water, as <br />limited by the Operating Principles for Trinidad Dam and Reservoir Project, as amended, will be <br />verified by the Colorado State Engineer; <br /> <br />(c) For each acre-foot of native water stored in Trinidad Reservoir by <br />exchange, the Colorado Division of Parks will deliver an acre-foot of identifiable imported <br />water, or native water whose consumptive use has been determined by final decree of the <br />Colorado Water Court, to the Arkansas River at the Las Animas gaging station; <br /> <br />(d) Transit losses between the source of supply for an exchange and the Las <br />Animas gage will be determined and assessed by the Colorado State Engineer, using the <br />"Livingston Method" or other suitable means, to assure that a "one for one" exchange is <br />accomplished. <br /> <br />The Colorado State Engineer will report and account contemporaneously and annually to <br />the Arkansas River Compact Administration on the initial filling and replacement of evaporation <br />and seepage in the Permanent Fishel)' Pool. <br /> <br />2. In the accounting for water in storage, evaporation and seepage losses due to the <br />Permanent Fishery Pool shall be determined using the most recent data available by the Colorado <br />State Engineer and the District with the cooperation of the Operating Agency. <br /> <br />3. There shall never be any release or transfer of water from the Permanent Fishel)' <br />fuol excepting by necessity of dam safety or flood emergency operations as determined by the <br /> <br />. <br /> <br />11 <br />