2015-08-28_HYDROLOGY - M19772572

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I tow NMI 111111111111111111111 ill 111111111 IN �sMM "/a/"" at -3V AOR s .I a 46. le tI 4. ee N $ Ao Prows; county, Co. WHEREAS, the State and LAWMA desire to enter into a water operation, management and trade agreement whereby water may be traded to such a manner that will be beneficial to both the State and LAWMA. NOW, THEREFORE, subject to teams, conditions, contingencies and mutual promises hereinafter made, the parties mutually agree as follows: LAWMA agrees to integrate the DOW Water Shares into its water supply for the purpose of Facilitating water trades, exchanges, augmentation, replacement of depletions and direct delivery of DOW's water shares to various wtldiife uses within the Arkansas River basin as provided herein. The delivery of water to each such wildlife use shall be the subject to a specific operating agreement to be agreed upon by the parties. The amount of consnunablc water delivered for DOW designated uses will average 85 percent of the usable water that LAWMA derives under the DOW Water Shares over any cons=rtive telt-year period plus the yield of the 376 LAWMA shares, subject to the following provisions: A Usable water as used herein includes (1) consumable Lamar Canal water that is delivered into the offset account under the Center Farm Lamar Canal shares, and (2) consumable Lamar Canal and Fort Bent Canal water that is delivered to the river through Center Farm turnouts that can be used for direct replacements, as may occur under replacement plans or substitute supply plans approved by the SEO or decrees of the water court. In making direct replaceme= for the depletions by eaast" LAWMA members, LAWMA may first use its presently owned Manvel, Stubbs and X -Y direstflow sources of replacement water before it uses DOW Water Shares. B. In any year DOW accepts less than 85 percent of that year's usable water derived from the Center Farm and made available by LAWMA, LAWMA shall be deemed to have delivered the full 85 percent for that year provided the water has been offered to the DOW at locations and in amount usable by the DOW. C. In dry years, LAWMA will not be required to deliver more than 67 percent of the usable water for designated wildlife uses. In dry years, LAWMA will not be roquircd to deliver water for wildlife uses to the permanent pool in John Martin Reservoir, the Great Plains Reservoirs, Adobe Crock Reservoir, Horse Creek Reservoir, or Thurston Reservoir. LAWMA will designate dry years based on LAWIMA's reasonable assessment of the expected yield of its overall water supply. This provision does not supersede LAW_MA's running ten-year delivery obligation set forth in paragraph 1 above. D. LAWNMA will aot be required to deliver more than 33 percent of the usable water for designated wildlife uses in any November I6 through March 15 period. -3-