Boulder Clarification of MOU

• Case Number: 1-90CW193A
• Stream Name: Boulder Creek
• Watershed: Boulder
• Water Division: 1
• Water District: 6
• County: Boulder
• Instream Flow Acq - Doc Type: Contracts,MOA/MOU,Leases,Agreements

year. Said report shall be due on January 1 of each year and
cover actions taken during the preceding year and planned
operations for the forthcoming year.
15. All costs incurred by Boulder in acting as the Board's
agent shall be borne by Boulder.
16. Upon 30 days advance written notice to Boulder, the
Board may, in its sole discretion, revoke this authorization
for Boulder to act as its agent; provided, however, that if the
Board revokes this authorization then it must assume at its own
expense responsibility for-the administration and monitoring
for which paragraphs 12 and 13 call.
MISCELLANEOUS PR OVISIONS
17. This Agreement shall not be otherwise assignable by
either party without the written consent of the other.
18. All of the provisions of this Agreement shall survive
the closing of the conveyance required by paragraphs 1 and 2
and shall not merge therewith.
19. This Agreement shall be a covenant which runs with the
conveyed water rights and it shall be recorded by Boulder with
the Clerk and Recorder of Boulder County, Colorado, with a
conformed copy provided by Boulder to the.Boatd.
20. The Board may not sell, lease, transfer, or otherwise
dispose of its interests in the conveyed water rights or the
assigned water without prior written consent of Boulder.
21. Any obligation for the continued payment of ditch
company assessments or other costs of-ownership associated with
the conveyed water rights shall be borne by Boulder.
ENFORCEMENT
22. Pursuant to section 37••92- 102(3), C.R.S (1989 S.upp.),
the terms of this Agreement shall be enforceable by each party
as a water matter in the District Court for Water Division
No. 1; provided, however, that before commencing any action for
enforcement of this Agreement, the party alleging violation
shall notify the other party in writing of the alleged
violation and the parties shall make a good faith effort to
resolve their differences through informal consultation.
23. Specific performance of this Agreement shall be the
exclusive remedy for failure of either party to:comply with any
provision of this Agreement.
-6-