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V <br /> <br /> <br />CM0000917 <br />operation of such an exchange, <br />their discretion, terminate the <br />referenced in this paragraph. <br />4. . There shall be an annual accounting of the amount <br />of water exchanged to the cities and of the amount <br />of Homestake Reservoir water released to the <br />Reservoir Company. If during any 10 year rolling <br />average period, the cumulative amount of water <br />released to the Reservoir Company exceeds the <br />amount of water exchanged to the cities, the <br />parties agree to examine various means by which <br />the cities can be made whole, i.e., arrangements <br />through which the cities receive an amount of <br />water equal to that which has been released for <br />the benefit of the reservoir company. Such <br />examination will include, but not necessarily be <br />limited to, an assessment of the feasibility of <br />annual releases from Wolford Mountain Reservoir in <br />excess of 800 acre feet, or the'release'of less <br />than 500 acre feet to the Reservoir Company in <br />years where such releases are not found necessary <br />to meet water demands. <br />the cities may, in <br />agreement <br />5. Should a court of competent jurisdiction determine <br />that the Reservoir dompany has breached the <br />provisions of this' MOU, such breach shall <br />constitute just 'cause for the termination of the <br />above-referenced exchange. Should there be no <br />breach of this MOU and the water court approves <br />the long term operation of the exchange <br />contemplated hereunder, the Reservoir Company <br />shall have, subject to the following conditions <br />the perpetual right to extend the exchange <br />referenced in paragraph,VIII.B.3 for an additional <br />25 years, and at the end of each twenty-five year <br />period thereafter. The Reservoir Company agrees <br />that at the end of the 25 year period commencing <br />with the first release of water for the benefit of <br />the Reservoir Company under the provisions of this <br />MOU, it shall make any modifications in the <br />arrangements referenced in paragraph VIII.B..4 as <br />are determined necessary to ensure that the cities <br />will.receive the full amount-of replacement water <br />WW_ <br />0o r ? <br />v <br />I <br />N OD <br />v o`D ?. <br />ai <br />o CD <br />vC9 <br />Ma_ <br />mtp? <br />ae' <br />B GD? <br />n w r. <br />W a= <br />o ?E <br />C <br />3 _ <br />A ? <br />9:\1ega1\mtp\water\aur-cs2.mou 17 I I"III'?III "I'III "II III?I tl?Iil III?I I'I IIII' <br />666203 08/17/1998 03:10P 23 Sara Fisher <br />38 of 112 R 561.00 D 0.00 N 0.00 Eagle CO