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<br />the Gunnison River from the gage immediately below the <br />diversion dam for the Gunnison Tunnel (U.S.G.S. gage <br />no. 9128000) to a point one mile downstream of the confluence <br />of the Smith Fork. TNC shall make its best efforts to amend <br />the December 31. 1987. agreement with P&M so that this covenant <br />not to develop may be conveyed to the CWCB as a conservation <br />easement under sections 38-30.5-101. et ~.. C.R.S.. or <br />otherwise. and TNC shall convey this covenant to the CWCB if <br />the said agreement is so amended. Upon such conveyance. the <br />CWCB shall be obligated to enforce this covenant as a part of <br />this Agreement. The CWCB shall enforce the subordination of <br />the priority of the Retained P&M Water Rights as provided in <br />the December 31. 1987. agreement. which subordination shall be <br />conveyed by TNC to the CWCB and run with the Water Right. <br /> <br />22. Nothing in this Agreement shall be construed to <br /> <br /> <br />prevent the Water Users from perfecting or defending the Senior <br /> <br /> <br />Decree or the Junior Decrees. or from filing statements of <br /> <br /> <br />opposition or appearing in any proceedings whose objectives are <br /> <br />the change. establishment. or perfection of priorities to the <br /> <br /> <br />waters of the Gunnison River or its tributaries for any <br /> <br /> <br />purpose. except as otherwise agreed in paragraph 14 with <br /> <br /> <br />respect to a stipulation in proceedings to obtain the Change <br /> <br /> <br />Decree. Nor shall anything in this Agreement be construed to <br /> <br /> <br />prevent the CWCB from changing. perfecting. defending. or <br /> <br /> <br />enforcing the Water Right for Instream Purposes within the <br /> <br /> <br />Reach. or from seeking to appropriate. acquire. change. <br /> <br />-17- <br />