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<br />WHEREAS. under said agreement between P&M and TNC. TNC is <br /> <br /> <br />obligated to seek. in cooperation with the CWCB. "a minimum <br /> <br /> <br />stream flow of 300 c.f.s. [on the Gunnison River] from the gage <br /> <br />immediately downstream of the diversion dam for the Gunnison <br /> <br /> <br />Tunnel [U.S.G.S, gage no, 9128000] to a point one mile below <br /> <br />the confluence of the Smith Fork": and <br /> <br />WHEREAS. TNC wishes to donate the Water Right to the CWCB <br /> <br />for change by the CWCB to the beneficial use of minimum stream <br /> <br /> <br />flows to preserve the natural environment to a reasonable <br /> <br />degree ("Instream Purposes") pursuant to sections 37-92-102(3) <br /> <br />and 37-92-103(4). C,R.S.; and <br /> <br />WHEREAS. the CWCB is authorized by section 37-92-102(3), <br /> <br />C.R.S.. to accept the donation of the Water Right. to enter <br /> <br /> <br />into this Agreement setting forth the terms and conditions upon <br /> <br /> <br />which it will accept the donation. to file an application for <br /> <br />change of the Water Right which seeks a decree (the "Change <br /> <br /> <br />Decree") changing and making absolute the Water Right for <br /> <br />Instream Purposes. and to exercise the Water Right for Instream <br /> <br /> <br />Purposes once the Change Decree has been entered by the <br /> <br />District Court for Water Division No, 4. and any appeals taken: <br /> <br /> <br />and, <br /> <br />WHEREAS. the parties desire to set forth their rights and <br />obligations as to the process to be used by the CWCB in <br />determining whether to accept or decline the donation of the <br /> <br />-2- <br />