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BOARD00182 (2)
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BOARD00182 (2)
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Last modified
8/16/2009 2:46:30 PM
Creation date
7/6/2007 10:39:19 AM
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Board Meetings
Board Meeting Date
5/23/2007
Description
ISF Section - Hat Creek Proposed Water Acquisition
Board Meetings - Doc Type
Memo
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<br />. <br /> <br />" <br /> <br />. <br /> <br />. <br /> <br />r,. <br /> <br />of this Agreement from being fulfilled, then the parties hereto shall consult on future <br />action regarding the Board's use of the Hat Creek Right. <br /> <br />6. Conditional Water Rights. The Trust also owns those conditional water <br />rights within the Hat Creek drainage described on Exhibit B attached hereto. Within <br />thirty days of the Effective Date of this Agreement, the Trust will file with the Water <br />Court notices abandoning such conditional water rights. Such conditional water rights <br />will not be the subject of the Change Proceeding. <br /> <br />7. Remedies. Pursuant to Section 37-92-102(3) C.R.S., the terms of this <br />Agreement shall be enforceable by each party as a water matter in the District Court for <br />Water Division 5; provided, however, that before commencing any action for <br />enforcement of this Agreement, the party alleging a breach shall notify the other party in <br />writing of the alleged breach and the parties shall make a good faith effort to resolve their <br />differences through informal consultation. Specific performance shall be the exclusive <br />remedy for failure of either party to comply with any provision of this Agreement. <br /> <br />8. Miscellaneous. This Agreement shall not be assignable by either party <br />without the written consent of the other. All of the provisions of this Agreement shall <br />survive the conveyance of the Hat Creek Right from the Trust to the Board, and shall not <br />merge therewith. <br /> <br />9. Effective Date. The Effective Date ofthis Agreement shall be the date on <br />which it has been signed by both parties. <br /> <br />Dated this <br /> <br />day of <br /> <br />,2007. <br /> <br />COLORADO WATER TRUST <br /> <br />COLORADO WATER CONSERV AnON <br />BOARD <br /> <br />By: <br />Michael F. Browning, President <br />Date: , 2007 <br /> <br />By: <br />Rod Kuharich, Director <br />Date: <br /> <br />,2007 <br /> <br />00013907 <br /> <br />3 <br />
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