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Cristyn Radabaugh <br />June 28, 2019 <br />Page 8 of 10 <br />Project ("Project"). Any use of Project Facilities by Applicant, for storage, exchange, <br />conveyance, or other use pursuant to this IWSA, will occur only with the written <br />permission of the owner of said facilities, and will be made consistent with such <br />policies, procedures, contracts, charges and terms as may be lawfully determined by <br />Reclamation and, where applicable, the Southeastern Colorado Water Conservancy <br />District ("Southeastern") or their successors in interest, in their good faith discretion. <br />This IWSA does not give Applicant any rights to ownership or use of any Project <br />structure, or any rights of ownership or rights to purchase or receive allocations of <br />Project Water or Project Water Return Flows, does not alter any existing rights <br />(including any right to renew existing contracts) Applicant may otherwise have, and <br />does not alter the respective rights or authority of Reclamation or Southeastern. <br />Moreover, Applicant shall not operate the exchanges contemplated by this IWSA in a <br />manner that would interfere with the lawful operation of the Project. Approval of this <br />IWSA has no effect on the authority of the United States to regulate and/or deny use <br />of federal facilities of Reclamation. <br />31) Applicant's water stored in Pueblo Reservoir must be spilled consistent with the spill <br />priority set forth in the contract between Southeastern and the United States <br />governing the evacuation of water stored in the presently existing capacity of Pueblo <br />Reservoir. <br />32) Approval of this IWSA does not give the Applicant any right of use of <br />Fryingpan -Arkansas Project structures, or any right of ownership or right to purchase <br />or receive an allocation of Project water or return flows therefrom and will not alter <br />any existing rights Applicant may have. The description of, reference to, or omission <br />of description of or reference to Fryingpan-Arkansas Project structures and/or the <br />decrees of the Southeastern Colorado Water Conservancy District for the <br />Fryingpan -Arkansas Project in this IWSA does not, in any way, amend, limit or act to <br />the detriment of those decrees. Approval of this IWSA does not limit or diminish any <br />absolute or conditional water rights of any person including, but not limited to, the <br />Southeastern Colorado Water Conservancy District. <br />33) During the Winter Water Storage Program storage season (November 15 through March <br />14), Applicant must not operate any exchange to Pueblo Reservoir. The portion of the <br />water Applicant exchanges into Pueblo Reservoir pursuant to this IWSA that is derived <br />from water stored pursuant to the decree dated November 10, 1990 in Case No. <br />84CW179 ("Winter Water") must be stored in excess capacity space in Pueblo <br />Reservoir. Applicant must obtain an excess capacity storage contract to allow storage <br />of Winter Water. If no excess capacity storage is available in a given year, Applicant <br />cannot exchange Winter Water into Pueblo Reservoir during that year. All of <br />Applicant's Winter Water must be delivered through the applicable ditch during the <br />period of March 16 through November 14 at the same time as deliveries of Winter <br />Water are made to other shareholders. Any Winter Water exchanged to Pueblo <br />Reservoir pursuant to this IWSA will be stored in Pueblo Reservoir pursuant to the <br />applicable rules, regulations, contracts and policies in effect from time to time for <br />storage of Winter Water. Nothing in this IWSA authorizes Applicant's storage of Winter <br />Water contrary to the requirements and limitations of the Decree in Case No. 84CW179 <br />