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<br />.. <br />.. <br /> <br />".. . <br /> <br />. <br /> <br />. <br /> <br />the increased capacity built by the District. The District <br />assumes no obligation either with regard to preexisting <br />condi tions or with regard to the 44.4 acre feet storage <br />capacity ow~ed by the united states. <br /> <br />b. Beginning on the date Black Lake No. 2 is <br />being used pursuant to the decree in Case No. 82CW328, the <br />District shall assume one-half the obligation for structural <br />integrity, maintenance, and operation associated with Black <br />Lake No.2. The District agrees to make any necessary <br />modifications and repairs to the spillway or outlet works of <br />Black Lake No. 2 to enable the District to release water from <br />the reservoir as required by the decree in Case No. 82CW328. <br />The District will ensure that these modifications and repairs <br />comply with state law and with this agreement, but the <br />District will not assume responsibility for existing design <br />or structural deficiencies in the dam, the reservoir or <br />related structures. If there are existing deficiencies, they <br />are the responsibility of the appropriate state agencies. <br /> <br />5. The District, in consideration for state's <br />promises herein set forth, promises to indemnify, save and <br />hold harmless and defend the state, and all of its employees <br />and agents against acting officially or otherwise, from any <br />and all liability, claims, demands, actions, debts, and <br />attorney fees arising out of, claimed on account of, or in <br />any manner predicated upon loss or damage to the property of <br />and injuries to, or death of all persons whatsoever, which <br />may occur, or is sustained in connection with the performance <br />of this Memorandum of Agreement, or by conditions created <br />thereby, or based upon any violation of any statute, ordi- <br />nance or regulation, and the defenses of any such claim or <br />action, SUbject to the provisions of paragraph 4. above. <br /> <br />6. The Department of Natural Resources shall work <br />with the Forest Service to obtain its approval of the <br />enlargement and use of the Black Lakes as set forth in the <br />decree in Case No. 82CW328 and will cooperate in obtaining <br />any federal permits which may be required to effect the terms <br />of this settlement. Federal approvals or permits which may <br />be required include, but are not limited to, special use and <br />404 permits for Black Lakes and the Bureau of Reclamation <br />contract for water service from Green r.10untain Reservoir. <br />The Division of Wildlife agrees to the enlargement and use of <br />the Black Lakes as specified in the decree in Case <br />No. 82CW328 and this Agreement. <br /> <br />7. The District agrees that the Colorado Water <br />Conservation Board may file applications enlarging the summer <br />flow period from September 30 to October 31. The District <br /> <br />-2- <br />