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■ <br /> AGREEMENT ,� <br /> This Agreement is entered into this SOday of h r1Arl4 2006 by and <br /> between the Colorado Water Conservation Board ( "CWCB "), an agency of the State of <br /> Colorado, and the City of Pueblo, a municipal corporation ( "Pueblo "). <br /> RECITALS <br /> A. Pueblo has applied for a Recreational In- Channel Diversion water right in <br /> Case No. OICWI60, Water Division 2 (the "RICD Water Right "). The CWCB has <br /> certain statutory responsibilities with respect to RICD water rights, as set forth in Colo. <br /> Rev. Stat. §37- 92- 102(6). The CWCB has filed a statement of opposition to the RICD <br /> Water Right application. <br /> 13. Pursuant to Colo. Rev. Stat. §37 -92- 102(3), the CWCB is vested with <br /> authority to appropriate such waters as the CWCB determines may be required for <br /> minimum stream flows to preserve the natural environment to a reasonable degree. <br /> AGREEMENT <br /> NOW, THEREFORE, Pueblo and the CWCB, in consideration of the mutual <br /> promises and agreements contained herein, and other good and valuable consideration, <br /> the receipt and adequacy of which are hereby acknowledged, agree as follows: <br /> 1. The CWCB staff shall pursue in good faith, and the CWCB shall consider <br /> in good faith, the appropriation of an instream flow water right in the vicinity of the <br /> reach of the Arkansas River from Pueblo Reservoir to the confluence of the Arkansas <br /> River and Fountain Creek in the approximate amount of 100 cfs (the "ISF Water <br /> Right "), pursuant to the procedures and requirements of Colo. Rev. Stat §37 -92- 102(3) <br /> and applicable rules, regulations, and guidelines of the CWCB. <br /> 2. Pueblo understands and agrees that neither the appropriation of, nor a <br /> decree for, the ISF Water Right is guaranteed by the CWCB. <br /> 3. If an ISF Water Right is appropriated by the CWCB and decreed by the <br /> Water Court, the parties agree that such ISF Water Right will continue to be used to <br /> preserve the natural environment to a reasonable degree for the decreed segment(s) of <br /> the Arkansas River from Pueblo Reservoir to the confluence of Fountain Creek, <br /> pursuant to Colo. Rev. Stat §37- 92- 102(3). <br /> • <br />