BOARD00027 ‎(2)‎

• Board Meeting Date: 9/19/2006
• Description: Flood Protection Section - South Platte River Right of Way - Special Use Agreements
• Board Meetings - Doc Type: Memo

A'

.

.

.

---
--

PERMIT CONDITIONS (Continued)

J. Upon the emergency being cured, the pennit shall terminate. Upon termination, the applicant, at
its expense, shall restore the CWCB property as nearly as is practicable to the condition of the
property existing immediately prior to applicant's first use. The applicant shall be responsible at
all times for the immediate repair or replacement of, or reimbursement for any damage to CWCB
property due to applicant's use of the property. In the event applicant fails to perform the
restorative or revegetative work required by this paragraph to the sole satisfaction of the CWCB,
and after thirty (30) days prior written notice specifying with particularity the failure and
indicating the remedial steps needed to cure same, the CWCB shall be allowed to perform said
work, and the applicant shall pay within thirty (30) days of completion of said work, all direct
and indirect costs incurred by the CWCB for restorative or revegetative work including, but not
limited to, regrading, filling, revegetation, erosion control, and replacing of soil.
K. The applicant may not use the CWCB property for any purpose other than to cure the stated
emergency. If the CWCB property is used by applicant for any other purpose, the permit is
automatically revoked.
L. It shall be the sole responsibility ofthe applicant to obtain all necessary and applicable local,
state and federal approvals and pennits. Applicant agrees to comply with all rules, regulations
and policies authoritatively promulgated pertaining to the use of the CWCB property, including
but not limited to local, state and federal flood plain regulations.
M. The applicant releases the CWCB from all liability for any and all damages or claims arising
from any defects in the property or unsuitability of the property for use by the applicant. The
applicant hereby releases, waives, discharges and covenants not to sue the CWCB, or the
CWCB's officers, officials or representatives on account of injury to person or property caused
by negligence of the applicant while the applicant is utilizing the CWCB property for any
purpose. The applicant assumes full responsibility for any property damage caused by the
negligence of the applicant.

I have filled out the permit application to the best of my abilities and I have read and understand the
conditions listed in the application. As the applicant or representative of the applicant, I represent that the
applicant agrees to the conditions listed in this application and is fully aware of the expectations of the
Colorado Water Conservation Board, and hereby submit this application for consideration.

Signature

Date

3

--
~ --~