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Feb-03-2004 01:43pm From- T-789 P.015/028 F-632 Dlatrlet Court, Water Div. 3, Colorado Ceae No. AQCVV211; RWiag of the Referee and Dente of the Court I,tahrge Wed, tee. Page 13 of 23 Bogle Park Reservoir. Nevertheless, the firm yield of the River District's supply is not dependent on the use of those facilities. (2) Arkansas Well, being the fust 455 acre feet per year of historic traasbasin diversions fmm an undivided 1/7th intetest in and to that certain water right known as the Stevens and Leiter Ditch, originally decreed by the Chaffee Coumy District Court for 38 cfs with a priority date of September 1, 1873, as changed by the Chaffee County District Court, in Civil Action No. 5276, to a new point of diversion which is a well located in the Eli2 SE1/4 SE3J4 of Section 10, T. 8 S., R. 79 W. of the 6th P.M., whence the SE comer of Section 10 bears South 17°37' Eaet, a distance of 364.8 feet, on the Bast Fork of the Arkatulas River in Lake County, Colorado, as said change wan confirmed by the District Court in and for Water Division No. 2, in Case No. 91CW028, providing that said wader could be diverted at the rate of 1.086 cfs, with an annual volumdric limit of 786 acre feet, to the Colorado River Sasin for use and tiisposidon there, without any return flows to the Arkansas River Basin, together with the right to use, reuse and successively use said water ro extinction. At ouch time a9 the East Fork Pumping Plant described above is fully operetional, the Arkansas Well water will no longer be needed and the River District's supply will be obtained from Eagle Park Reservoir. b. Exchange Stronly. Pursuant ro a Memorandum of Understanding dated effective as of Agrii 21, 1998 (the "MOU") among the City of Atuore, the City of Colorado Springs, the River District, Climax Molybdenum Company, Vail Associates; Inc., the Upper Eagle Regional Water Authority, and the Eagle River Water & Sanitation District; and the Water Exchange Agreement dated June 17, 1998 among Aurora, Colorado Springs, sad the Eagle Park Reservoir Company, Aurora and Colorado Springs agreed ro make up ro 500 acre feet of water available for West Slope use from facilities owned and operated by Aurora and Colorado Springs in exchange for up to 800 acre feet of replacement ascot fmm the West Slope participants. The River District's 100 shares of Class B stock in the Eagle Park Reservoir Company entitle the River District to up to 100 acre feet per year of consumptive bentficial use water to be derived from fully consumable water annually diverted by and/or stored in the following structures owAed aAd controlled by Aurora and Colorado Springs: 1: V00)1C9r,oUai°R°p~~I1JlYaUJINAL.°pd