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Flume, so that the instream flow may be effectively administered by the Division Engineer. The <br />Division Engineer shall be asked for input and assistance as needed in the development of the <br />model, and the final model will be subject to approval by the Division Engineer, and his <br />acceptance thereof as an administrative tool. If a reliable operational model cannot be developed <br />within a reasonable time, or if the Division Engineer does not approve or accept the model, <br />either party may, at its election, terminate this Agreement. <br />18. The Board will exempt Castle Creek and Conundrum Creek, tributary to Castle <br />Creek, from its de minimis rule, pursuant to the Board's instream flow protection rules, <br />specifically Rule 9.33. The Board will take action to protect its instream flow decree on Castle <br />Creek according to its rules. <br />19. The Board agrees that Aspen's operation of its water rights to implement this <br />Agreement is not evidence of any intent by Aspen to abandon any of its water rights, and that <br />the Board shall not at any time allege in a court or other proceeding or to any other person or <br />entity that aspen has abandoned, or intends to abandon, any water rights by virtue of its <br />participation in this Agreement. <br />20. Should the Board determine at any time that it is necessary to seek a reduction or <br />enlargement of its instream flow on either Castle Creek or Conundrum Creek, Aspen may, at <br />its election, terminate this Agreement. <br />21. All notices required to be given pursuant to this Agreement shall be in writing, <br />and shall be deemed given upon delivery or, if mailed, three days following deposit in the <br />C,Tnited States Mail, registered or certified, postage pre-paid, properly addressed to the party to <br />whom directed as follows: <br />To the Board: <br />Dan Merriman, Chief, Water Rights Investigation <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80202 <br />To the Cite: <br />Water Director, City of Aspen <br />130 South Galena Street <br />Aspen, Colorado 81611 <br />cc: Cynthia F. Covell, Esq. <br />Alperstein & Covell P. C . <br />1600 Broadway Suite 2350 <br />Denver, Colorado 80202 <br />4 <br />