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<br />10. Upon execution of this Agreement. the Water Users shall <br />withdraw its statement of opposition to the application in Case <br />No. 89CW79. District Court for Division No, 4. provided that <br />that decree is consistent with this Agreement. <br /> <br />11. After conveyance of the Water Right to the CWCB <br />pursuant to paragraph 6 above. the CWCB shall be responsible <br />for any diligence proceeding required subsequent to Case No, <br />89CW79. The CWCB shall not compromise the Water Right without <br />a trial in any such proceeding without the written consent of <br />the TNC, If the matter is tried. the CWCB shall not forego or <br />waive any right of appeal without the written consent of TNC, <br /> <br />CONDITIONS CONCERNING CHANGE OF THE WATER RIGHT <br /> <br />12, Within 30 days aftet conveyance of the Water Right to <br />the CWCB pursuant to paragraph 6 or after the entry of a <br />finding of diligence and decree in Case No. 89CW79. whichever <br />occurs last. the CWCB shall cause an application to change the <br />Water Right to an absolute right for Instream Purposes in the <br />Reach to be filed. ' <br /> <br />13, The CWCB shall thereafter be responsible for changing <br />the Water Right to Instream Purposes and for perfecting and <br />making absolute the Water Right for Instream Purposes. Except <br />as provided in paragraph 14. the CWCB shall not compromise the <br />water Right in the change proceeding without a trial without <br />the written consent of TNC. If requested by the CWCB. TNC <br />-8- <br />