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• Board Meeting Date: 7/11/2007
• Description: ISF Section - Pine River Water Acquisition
• Board Meetings - Doc Type: Memo

Section 6
Enforcement

S.A. Pursuant to C.R.S. ~37-92-1 02(3), the terms of this Agreement shall be enforceable by
each party as a water matter in the District Court, Water Division 7. Before commencing any
action for enforcement of this Agreement, however, the party alleging a breach shall notify
the other party in writing of the alleged breach and the parties shall make a good-faith effort
to resolve their differences through informal consultation.

S.B. Specific performance shall be the exclusive remedy for failure of any party to comply
with any provision of this Agreement.

Section 7
Miscellaneous Provisions

7.A. In order to preserve the natural environment to a reasonable degree, the CWCB, PRID
and the TRIBE agree to use Best Efforts to provide, if physically and legally available, for the
purchase or lease of water from PRID and/or the TRIBE for ISF purposes in the Pine River
downstream from Vallecito to supplement the Donated Water. At their discretion, PRID
and/or the TRIBE may make water available for purchase or lease to improve the natural
environment to a reasonable degree in the ISF Reach up to the amounts set forth in
paragraph 1.S.

7.B. This Agreement shall not be assignable by any party without the written consent of the
other parties.

7.C. This agreement may not be modified or amended without the express written consent of
all parties.

7.D. The terms of this agreement are binding upon and shall inure to the benefit and burden
of the parties' successors and assigns.

7.E. The parties hereto shall carry out their obligations hereunder in good faith.

7.F, If, through any cause, any party to this Agreement fails to fulfill in a timely and proper
manner its obligations under this Agreement or violates any of the provisions of this
Agreement, the other parties shall, thereupon, have the right to terminate this contract for
cause by giving written notice to the other parties of such termination and specifying the
effective date thereof, at least one year before the effective date of such termination. Prior to
exercising said right to terminate, the other party shall provide written notice to the alleged
breaching party of the alleged breach or violation. Within thirty (30) days of receipt of said
notice, the parties to this Agreement shall consult regarding the alleged breach or violation and
the potential for cure thereof. If the parties agree that a mutually acceptable cure can be
achieved, the parties also will agree upon a mutually acceptable time period for the cure to be
achieved, not to exceed one year. If any party gives written notice of termination of this
Agreement and one or more parties wishes to consult on the termination prior to its effective
date, all parties shall consult in a timely manner. During the period after notice of termination

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