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• JAN ~0 '9E 10~53AM CITY OF ASPEN <br />P. 7 ~ _ <br />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 />tnadel, and the tinat model wilt 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 />. I8. Thz Board will exempt Castle Creek and Conundrum Creek, tributary- to Casti-e <br />Creek, fi•om its .'de minimis rule, pursuant to the Board's insuearn flow protection rules, <br />specfically' Rule -x.33. The Board will take action to protect its instream flow decree on Castle - <br />C~eek according to -its rules. ~ _ <br />1~.= The Board agrees that Aspen's operation of its water rights• to implement this <br />.~gree~nent is not eridence 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 tliis• Agreement. ~ ~ - <br />20. ' Should the Board determine at any time that it is necessary to seek a reduction or ~ . <br />enlargzment of its.instteam flov~ on either Castle Creek or Conundrum Creek, Aspen rnay, at ~ . <br />its election, terminate -this Agreement. ~ - <br />21. All notices requited to be given pursuant to this Agreement shall be in writing, " . <br />and .shall lie deemed given upon delivery or, if mailed, three days following,. deposit in the <br />United States ':t~Iail,~ registered or certified, postage pre-paid, properly addressed to the party to <br />wham dixected a.~• fohows: <br />To Lhe Board: <br />Dan Merriman. Chief, Water Rights Investigation <br />Colorrado Water Conservation Board <br />13.13 Sherman Street, Room 721 <br />Denver, CO ~ 80202 <br />To the City: ~ ~ ~ ~ . <br />Vii Ater Director, City of Aspen ~ , - , <br />I.0 South Galena •Street <br />Aspen, Colorado 81b11 . <br />cc: C~rnthia F. Covell, Esq. <br />Alperstein & Covell P.C. <br />1Ei0a Broadway Suite •2350 <br />Denver. Colorado 80202 <br />. ~ ~ - <br />