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2. Pot Creek Operations Manual - -Daily operations under the Memorandum of <br />Understanding and Agreement will be performed in accordance with the Pot <br />Creek Operations Manual, effective date March 1, 2005, attached hereto as <br />Exhibit A. The Pot Creek Operations Manual outlines the duties of the Pot Creek <br />Water Commissioner and describes the documentation and general procedures <br />that are mutually accepted and adopted by the States of Utah and Colorado. The <br />Pot Creek Operations Manual includes the Combined Administration List that <br />includes the permitted and decreed water rights subject to administration, <br />narrative describing the operation and maintenance of streamflow river gaging <br />stations, the Pot Creek Water Commissioner responsibilities, the Pot Creek Water <br />Users' responsibilities, accounting, and annual reporting requirements. <br />3. Commissioner's Authority and Responsibility - -The Pot Creek Water <br />Commissioner shall have the authority and responsibility for the daily water <br />administration and distribution of waters in the Pot Creek Basin under the <br />authority of the State Engineers of Utah and Colorado and in accordance with the <br />Doctrine of Prior Appropriation, the Combined Administration List, the Pot Creek <br />Operations Manual, and any other applicable State laws. <br />4. Selection and Appointment of the Pot Creek Water Commissioner - -The <br />selection and appointment of the Pot Creek Water Commissioner shall occur in <br />the following manner: <br />The State of Utah shall nominate a person that is competent to perform the <br />duties of the Pot Creek Water Commissioner to the State of Colorado. If <br />the State of Colorado, upon being advised of the name and qualifications <br />4 <br />