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<br />' WON <br />. CM0000908 OD <br />= <br /> <br /> <br /> C. Project Phasing. <br /> <br /> <br />1. Project Phase 1 -- Reclaimed existing 3,148 acre F. ?o <br /> Foot Dam 4 that is anticipated to provide 2,013 OT <br /> acre feet of firm dry year yield. Water from the ® m? <br />_ East Fork of the Eagle River will be delivered to m 32= <br /> Dam 4 by a pump and pipeline located within or z ?° <br /> upstream of Section. 32, T. 7S., R. 75W. of the 6th •° ??' <br /> P.M., with a capacity no greater than 6 cubic feet w <br /> per second. This phase will be purchased by, and <br /> <br />all yield will be available to, the Reservoir a! <br /> Company. c <br /> <br /> 2. Phase 2 -- The Reservoir Company and the cities .? <br /> <br />shall jointly have the right to develop, on a n <br /> 50/50 basis, the next increment of firm dry year - <br /> yield up to 2000 acre feet. The timing and <br /> construction of such increment shall be subject to <br /> the provisions of Paragraph III.C.4. The cities <br /> agree to subordinate their water rights-to the <br /> Reservoir Company share of this phase. Should - <br />i <br />Phase 2 be in excess of 2000 acre feet of firm dry <br /> year yield, but less than 4000 acre feet, the <br /> cities shall have the right of first refusal to' <br /> the entire increment of yield above 2000 acre <br /> feet. Any project which yields in excess of 4000 <br /> acre feet shall be considered a "subsequent <br /> project phase" as further identified in Paragraph <br /> IV.C.3. <br /> 3. Subsequent Project.Phases <br />- a. At the time of the development of subsequent <br /> project phases, defined herein as any project <br /> following the completion of phase I which has <br /> a firm dry year yield in excess of 4000 acre <br /> feet, the Reservoir Company shall have a <br /> right of first refusal to purchase any <br /> additional project yield over and above that <br /> realized under phases.I and II up to the <br /> maximum Reservoir company yield as identified <br /> in paragraph IV.B.1 in direct proportion to <br /> its share of the total yield contemplated <br /> hereunder. The cities shall have a right of <br /> first refusal to the remaining yield up to <br />e:\1e9a1\mtp\water\aur-es2.mou 9 I I'llll VIII ?II'III "II I'I'I'?'II' II??I III "III' II I1?I <br />666203 08/17/1998 03:10P 23 Sara Fisher <br />29 of 112 R 561.10 D 0.00 N 0.00 Eagle CO