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<br />. <br /> <br />. <br /> <br />1 G 7 :L ~cwJ- ~ U~ylU<t . ' <', <br /> <br />1. Water for the initia~ filling~nd for replacing evaporation and seepage losses will be <br />i1cquired by the State of Colorado without interference to the District water supply and without <br />interference to usable Stateline flows, or without additional cost to the district or the United <br />States for the Trinidad Project as envisioned in H.D. No. 325. In the specific case of the 11.467 <br />acre-feet l,lIocated to the permanent fishery pool pursuant to the Final Environmental Assessment <br />for Revisi >n of the Water Control Manual to Allocate Excess Storae:e in Trinidad Lake. Las <br />Animas c.>untv. Colorado. U.S. Army Corps of Engineers, dated September 1994, the initial <br />filling shall only be made using waters imported into the Arkansas River basin froJ!l other river <br />basins. either bv direct importation or by exchange pursuant to the laws of Colorado. .Ihe initial <br />filling and the replacemen~ of evaporation and seepage shall be made accordiJ!g.!l:lJ.he f2'!.o.,:"lng <br />procedures: <br /> <br />(a) All water rights on the Purgatoire River downstream of Trinidad Reservoir <br />will be satisfied during the period o.fany exchang~;'-' .----~ <br /> <br />(b) Prior to any exchange, the specific source ?f imp~.!1ed o~ 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 ofIdentifiable Imported water, <br />or native water whose consumptive use'hasbeen determined by final decree ofthe Cotora(f<)~- <br />Water Court, to the Arkansas at Las Animas gauging station; <br /> <br />(d) Transit losses between the source of supply for an exchange and the Las <br />Animas gauge will be determined and assessed by the Colorado State Engineer. usipg thJL <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 fishery 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 />~5',<~.,,~.~~ 4,~+;-+\...,.\";l;.~.~",~,~",1 .0.;:;:1(( (;;,~~ ~ ~ t.,-Io........k~ ~,~- <br />(? There shall never be any release or transfer of water from the permanent fishery <br />pool exc,~pting by necessitv of dam safety or flood emergenqy O(2NJltions..as determined by the <br />CorJ's of Engineers. District Engineer. <br /> <br />Article VI - REVIEW AND AMENDMENT <br /> <br />. These operating principles may be subject to review and amendment not more than once a <br />year at the request of any of the parties' signatory; provided, that at least one review shall be <br />