Elkhead Reservoir Final Acquisition Agreement

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obligations «-hich are the subject of the assignment or transfer of such property interests. tpon receiving notice, the River District shall have ninety (90) days to exercise the first right of refusal. Closing shall be within thirty (30) days of the River District providing the C`'~'CB «-ith notice of its intent to exercise the first right of refusal. Any assignment, transfer, sale, or conveyance of any part or all of the property interests described in paragraph II.A.2. herein shall be expressly subject to the terms of this Acquisition Agreement and the Reservoir Enlargement Agreement (including the on-going obligation to pay afro-Rata share of the River District's O1VI&R costs). Any water right subject to an assignment, transfer, sale, or conveyance pursuant to this paragraph maybe used for any beneficial use ~~-ithin the state of Colorado consistent with Colorado law. Nothing herein shall limit or preclude the River District from participating in any Water Court proceeding, initiated by any parry, «~here the v~~ater rights decreed in 02C~'V 106 (Water Division No. 6) are at issue. XIII. El`~FORCE~TE~'T A. Pursuant to section 37-92-102(3), C.R.S., the terms of this Acquisition Agreement shall be enforceable by and between the River District and the State of Colorado as a v~~ater matter in the District Court for Water Division 6. B. The parties hereto shall have all rights and remedies provided under law' for a breach or threatened breach of this Acquisition Agreement. C. Before commencing any action for enforcement of this Acquisition Agreement, in State or Federal court, the party alleging a breach shall notify the other parties in writing of the alleged breach, and the parties shall make agood-faith effort to resolve their differences through informal consultation. XIS'. ~iOTICES All notices that are required to be given by parties shall be in writing and shall be sent by certified mail, postage prepaid, as follo~~-s: Director Colorado «'ater Conser~.ration Board 1313 Sherman Street, Room 721 Deny-er, Colorado 80203 «~ith a copy to: Office of the Attorney General «'ater Rights L~Tnit, Natural Resources and Environment Section 1 ~ 2 ~ Sherman St., 5th Floor Den~-er, CO 80203 L=~=~=_C~2tsRi~-erDistr.'ct_I-Elkhead-IG??°_~~-eemenU'4~cgi~ ~~n~I.vtpd, Deccrr.~er _:,_ 2GG~ age_ j 4 of 17