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and <br />degree from the existing points of diversion of said water rights <br />to the confluence of Hunter Creek with the Roaring Fork River; and <br />WHEREAS, the Forest Service is desirous of entering into a <br />land exchange or other appropriate transaction with the Division <br />for the purpose of transferring said water rights to the Division; <br />WHEREAS, the Board and the Division are desirous of entering <br />into this memorandum of understanding with the Forest Service <br />providing for the change.of said water rights to allow said <br />additional uses and providing full protection for the Forest <br />Service in the change of water rights proceeding pending the final <br />execution of any land exchange. <br />NOW, TIIEREFORE, in consideration of•the'abovc premises, it <br />is mutually agreed and understood by and among the said parties <br />that: <br />1. The Board and the Forest Service will apply jointly to <br />the Water Court for water Division No. 5 for a water right change <br />allowing alternate and additional uses of the Forest Service water. <br />rights described in the attached exhibit for all beneficial uses, <br />particularly including instream flows sufficient to preserve the <br />natural environment to a reasonable degree. <br />2. The application for a water right change authorizing <br />alternative uses shall be on the following terms and conditions: <br />a. The alternative uses shell include the establishment <br />of instream flows necessary to preserve the natural environment to <br />a reasonable degree under 37- 92- 102(3), 103(3), (4), and (10), <br />-2- <br />