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.' e e 2. The second sentence of Recital H of the Agreement is amended to read: "The Council intends to donate this right to the Board for instream flow use to preserve or improve the natural environment." 3. The introductory paragraph of Recital K of the Agreement is amended to read: "The Board intends to accept the Carbon Lake Ditch water right from the Council and to file an application with the Division 7 Water Court for a change of use of that water right to allow instream flow use by the Board to preserve or improve the natural environment to a reasonable degree in:" 4. The introductory paragraph of Section 2 of the Donation Agreement is amended to read as follows: "Within a reasonable time period after receiving title to the Donated Right, the Board shall file an application with the Water Court seeking to change the decree for the Donated Right to instream flow use exclusively by the Board to preserve or improve the natural environment in the following segments of stream:" 5. The remaining provisions of the original Agreement shall remain as initially executed. 6. Counterparts and Faxes. A. Counterparts. This Agreement may be signed in counterparts, each to serve as an original document. B. Faxed Siqnatures. In the execution of this Agreement, faxed signatures of the parties to this Agreement shall be considered original signatures. A party executing this Agreement with a faxed signature shall promptly provide the other parties to this Agreement with an original signature. SAN JUAN RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL COLORADO WATER CONSERVATION BOARD By; ~< ~;J Lee Campbell, President 4~-cL By: ATTEST: ~kLnC A n Brown, Secretary Rod Kuharich, Director Colorado Water Conservation Board 1313 Sherman Street, Room 723 Denver, CO 80203 (303) 866-3441 Date: ..3 - 2.tJ - tJ .3 Date: LJ-2Q-03 2