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• <br />under i~s <br />recapture <br />been made. <br />or <br />5. User shall be solely responsible for obtaining <br />the necessary approvals from state or federal water officials <br />or the Water Court for any exchanges, substitute supply plans, <br />chanqes of water righ~s o~ plans for augr,ientation which may be <br />required to use its Al.located Share. <br />6. User shall be solely responsible for obtaining <br />any additionaJ. augmentation or replacement watez required to <br />prevent injury to water users other than Denver as a result of <br />the use of its A1located Share. Nothing contained in this <br />paragraph in any manner diminishes or limits the prohibitions <br />contained in paragraph 8 below. <br />7. The Unallocated Share may be allocated by the <br />County at such time and to such users within Summi~ County as <br />it may see fit. <br />8. User shall. not oppose, or in any manner seek to <br />prevent the operation of any change ef wa~er right, plan for <br />augmentation oz,other Water Court proceeding insofar as such <br />change, plan or proceeding relates ~o ~he use of all. or any <br />part of (a) the Unallocated Share pursuant to the terms o~ the <br />penver Agreem~nt, and/or (b) the Dillon Reservoir storage <br />water described in paragraph 6 of the Denver Agreener,t. <br />9. User shall maintai.n and make available to.the <br />County at User~s sole cos~ and expense such accounting as to <br />enable the County to comply with the terms of paragraph 8 of <br />the Denver Agreement. <br />l0. User shall not oppose or in any manner challenge <br />any aspect of the Denver Agreenen~. <br />I1. The terms of this Agreement shall be binding <br />upon and inure to the benefa.t of the parties~ successors and <br />assigns. <br />12. This P_greement contains the entire agreement <br />between the parties and may not be moditied in any manner <br />except by an instrument zn writing signed by both parties. <br />13. This Agreement shall be construed under Colorado <br />law. <br />14. The parties have taken all acti,ons required and <br />secured the necessary approvals to enter in~o and imp7.ement <br />the terms and cQnditions of this Agreemen~. <br />4. User shall use only once any water diverted <br />Allocated Share, with no right to redivert, reuse <br />the returns of such wa~er once the ina.tial use has <br />• <br />- 2 - <br />