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Ken Spann moved approval of the Intergovernmental Agreement with the language <br />in Paragraph 12 changed to read: " Upon decree of any absolute or conditional <br />water rights for the whitewater course, the District agrees to protect the water <br />rights from loss or abandonment so long as the County likewise maintains the <br />whitewater course structures and operates the whitewater course so as to protect <br />the water rights from loss or abandonment. The County agrees to cooperate with <br />the District in all applications filed by the District for findings of reasonable <br />diligence or to make absolute any conditional water rights obtained for the <br />whitewater course. The County also agrees to cooperate with the District in <br />opposing any abandonment proceedings for such water rights. After a decree has <br />been obtained for the whitewater course, and as long as the County agrees to <br />operate the whitewater course or proceeds with reasonable diligence to do so, the <br />District agrees not to sell, transfer, or convey the water right or rights or any <br />interest therein. So long as the County operates the whitewater course, or <br />proceeds with reasonable diligence to do so, the District will timely file applications <br />for findings of reasonable diligence, or applications to make the conditional water <br />rights absolute as appropriate." Scottie Willey seconded the motion. <br />Board President Greg Peterson invited further public comment. There was none. <br />The motion carried, with Dennis Steckel abstaining due to a possible conflict of <br />interest. <br />5A. CONSIDERATION OF WATER RIGHT APPLICATION. <br />The board discussed a draft resolution authorizing the filing of the RICD application. <br />Cindy Covell said that the application would have an appropriation date of October <br />20, 1998. <br />Greg Peterson asked for public input. There was none. <br />The board discussed the fifth " whereas" clause in the resolution, specifically the <br />suitability of location and impact. Board consensus was to leave the paragraph as <br />it is. The board directed Cindy Covell to file the RICD application as soon as the <br />IGA is re- drafted to reflect the language in Mr. Spann' s motion and has been <br />signed by both the District and the County. <br />Greg Peterson asked for public input. Mark Schumacher asked how the board will <br />administer the RICD water right with a 1998 priority date. Cindy Covell said that if <br />the right is filed in 2002, it will be administered as a 2002 water right. He asked if <br />the board will stick with what it has filed for when confronted with an opposer in <br />Page 3 of 8 <br />