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I low Noli1111111111111111111111111111111111 <br /> „mow U10/0R. 41:30P NP <br /> s R 40.00 a 1B.66 M e.W Prvu«•s County.. Co. <br /> VIHEREAS, the State and LAWMA desire to enter into a water operation, management and <br /> trade agreement whereby water may be traded in such a mamner that will be beneficial to <br /> both the State and LAWMA. <br /> NOW, THEREFORE, mbjea to teems, conditions, contingencies and mumal promises <br /> hereivafter made, the parties mutually agree as follows: <br /> I. LAWMA agrees to integrate the DOW Water Shares into its water supply for the purpose of <br /> facilitating water trades,exchanges,augmemation., replace=nent of depletions and direct <br /> delivery of DOW's water shares to various wildlife uses within the Arkansas River basin as <br /> provided herein. The delivery of water to each such wildlife use shall be the subject to a <br /> specific operating agreement to be agreed upon by the parties. The amount of consuumable <br /> water delivered for IOW designated uses will average 85 percent of the usable water that <br /> LAWMA derives under the DOW Water Shahs over any consoaxtive test-year period plus the <br /> yield of the 376 LAWMA shares, subject to the following provisions: <br /> A. Usable water as used herein includes(1)consumable Lamar Canal water that is delivered <br /> into the offset account under the Center Farm Lamar Canal shams, and(2)consumable <br /> Lamar Canal and Fort Bent Canal water that is delivered to the river through Center Farm <br /> turnouts that can be used for direct replacements, as may occur under replacement plans <br /> or substitute supply plans approved by the SEO or decrees of the water court. In snaking <br /> direct replacements for the depletions by existing LAWMA members, LAWMA may Eras <br /> use its presently owned Martvel, Stubbs and X-Y dj=Do sources of replacement water <br /> before it uses DOW Water Shares. <br /> B. In any year DOW accepts less than 85 perccar of that year's usable water derived from the <br /> Cuter Farm and made available by LAWMA,LAWMA shall be deemed to have delivered <br /> the full 85 percent for that year provided the water has been offered to the DOW at <br /> Iocations and in amount usable by the DOW. <br /> C. In dry years,LAWMA will not be required to deliver more than 67 percent of the usable <br /> wafer for desiVxted wildlife uses, In dry years,LAWMA wM not be rcquircd to deliver <br /> water for wildlife uses to the permanent pool in John Martin Reservoir,the Great Plains <br /> Reservoirs, Adobe Creek Reservoir,Horse Creek Reservoir, or Thurston Reservoir. <br /> LAWMA will designate dry years based on LAWMA's reasonable assessment of the <br /> expected yield of its overall water supply. This provision does not supersede LAW AA's <br /> running ten-year delivery obligation set forth in paragraph 1 above. <br /> D. LAWMA will not be required to deliver more than 33 percent of the usable vrarcr for <br /> designated wildlife uses in any November 16 through March. 15 period. <br /> -3- <br />