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Agenda Item 23: Request for Approval of Enforcement Agreement, Case No. 4W437
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Agenda Item 23: Request for Approval of Enforcement Agreement, Case No. 4W437
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Last modified
6/8/2010 9:02:59 AM
Creation date
5/21/2010 11:19:19 AM
Metadata
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Template:
Water Supply Protection
Description
Gunnison River
State
CO
Basin
Gunnison
Water Division
4
Date
7/18/2003
Author
DanMerriman, Randy Seaholm, Ted Kowalski
Title
Agenda Item 23: Request for Approval of Enforcement Agreement, Case No. 4W437
Water Supply Pro - Doc Type
Board Memo
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CWCB right. <br />a. Nothing resulting from such meetings will divest the Bureau of <br />Reclamation of its obligation to operate the Aspinall Unit in furtherance of its authorized <br />purposes and obligations, and the Bureau of Reclamation shall operate the Aspinall Unit <br />consistently with the terms of the 2003 Agreement. <br />b. This consultation may be in addition to the current public meetings <br />Reclamation holds on the Aspinall Unit three times each year (usually January, April and <br />August) or, if the parties agree, can occur simultaneously to the public meeting held in April. <br />8. Upon issuance of the final decree for the subject water right the parties to this <br />Agreement shall modify the terms of this MOA as necessary to be consistent with the decreed <br />water right. <br />NOTICES <br />9. Any notice, demand, or request authorized or required by this MOA shall be <br />deemed to have been given when mailed by registered or certified mail, return receipt <br />requested, postage prepaid, or delivered to the Regional Director of the National Park Service, <br />P.O. Box 25287, 12795 West Alameda Parkway, Denver, Colorado 80225; the Area Manager <br />of the Western Colorado Area Office of the Bureau of Reclamation, 2764 Compass Dr., Grand <br />Junction, CO 81506; and the Director of the Colorado Water Conservation Board, 721 State <br />Centennial Building, 1313 Sherman Street, Denver, Colorado 80203. Unless sooner received, <br />each notice shall be deemed received seventy -two (72) hours after the same has been deposited <br />in the United States' mail. The designation of the addressee or the address may be changed by <br />notice given in the same manner as provided for other notices. <br />STANDARD ARTICLES <br />10. The standard articles applicable to this MOA are listed below. <br />a. This MOA may be signed in one or more identical counterparts, whether <br />transmitted by telecopier or otherwise. Each such counterpart shall be deemed <br />an original for purposes of this Agreement. <br />b. Nothing in this Agreement shall constitute or otherwise be construed as a <br />waiver of sovereign immunity. <br />C. All terms and conditions with respect to this agreement are expressly <br />contained herein. <br />d. If any paragraph or provision of this Agreement is held to be invalid or <br />illegal, then such paragraph or provision shall not affect the validity or <br />enforceability of the remaining paragraphs or provisions. <br />-5- <br />
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