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1 i�!lfiii Ililil ill illili�1R1 i�t��l lil Ilfil dill llil <br /> ei • R 40.8e 0 0.00 N •.!e Preu.rti County. Co. <br /> E. LAWMA will not be required to deliver more than IDX acre-feet in any year for <br /> designated wild&e uses upstream of John Martin Reservoir <br /> F. The remaining 15 percent of the usable water that LAWMA derives under the Center <br /> Farm water rigbts shall be considered a wet management fee. <br /> 2. The wet management fee shall compensate LAWMA for costs and additional difficulties of <br /> DOW's participation in the operation of LAWMA's augtnentation plan, reglaccmem plan or <br /> substitute supply plans, inchsding reporting and administering, and for the cost and effort of <br /> day-today mauzgmenr of DOW's opcsations, including arranging and managing any storaM <br /> trades, borrowings or exchanges. <br /> 3. All other costs inaured by LAWMA on behalfof DOW shall be subject to of a separate <br /> agreement that wiill address the cost of additional engineering necessary to include DOW's <br /> water shares into LAWMA's augmentation plan. The additional cost will be based on the <br /> incremaAal cost increase insured by LAWMA- LAWMA will make available all cost records <br /> to the DOW upon request. <br /> 4. LAWMA agrees to collect and maintain reasonable records of use of the DOW Water Shares. <br /> Records of use shams be maintained in the LAWMA offices in Lamar, Colorado, or other <br /> location as mutually agreed. Copies of such records shalt be forwarded to the DOW upon <br /> guest or made available for review and copying in the LAWMA offices. <br /> 5. LAWMA agrees to include DOW designated water uses into its plan for augmentation and to <br /> take steps necessary to secure State Engineer and/or Water Court approval for the use of <br /> DOW Water Shares for DOW designated uses. A list of DOW's curr=tly contemplated uses <br /> is attached as Ex}dbit A_ DOW agrees to cooperate with the approval of the plan for <br /> augmentadon, and to appear as a co-applicant in that plan if requested by LAWMA <br /> 6. LAWMA understands that DOW designated uses may change as a result of wildlife <br /> management needs in the Arkansas basin and agrees to use its best efforts to facilitate these <br /> changing uses and demands. DOW vn-1 notify LAWMA,in writing,of changes in designated <br /> uses as provided in:'aragraph 20 below. <br /> 7. LAWMA agrees to file reports required by the Division of Water Resources or Water Court <br /> regarding the uses of the DOW's share water. <br /> S. LAWMA agrees to seek approval of the ARCA for the use of its Eghland Ditch as a source <br /> of supply for the permanent pool in John Martin Reservoir-Until approval is granted by the <br /> ARCA, LAWMA agrees to store or make available for storage in John Martin Reservoir <br /> permanent pool any leased crater with a Colorado River basin origin or other sources <br /> acceptable to the ARCA that LAWMA may have available. <br /> -4- <br />