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FROM,: UGRWCD <br />FAX NO. : 970 641 7606 Jul. 18 2002 01:56PM P5 <br />consulted with the County and has obtained public input regarding appropriate amounts, terms <br />and. conditions of the water rights to be applied for. However, the District shall rrake'thc "f nil <br />determination as to all aspects of the water right or rights applied for, shall direct and control the <br />administrative processing of the application before the Colorado Water Conservation Board <br />(CWCB) as provided for in Senate Bill 01 -216, and the water court approval process. The <br />District shall make all decisions regarding settlement of any or all aspects of the water right <br />proceeding, both before the CWCB and in the water court. The County shall not oppose the <br />District's application, or file any competing application for water rights for the Whitewater Park <br />without the District's prior written agreement. <br />9. Withdrawal of Application Prior to Entry of cree If the County determines not <br />to proceed with construction of the Whitewater Park prior to entry of a decree, for reasons <br />within the County's control, including but not limited to increased costs of construction or <br />obtaining necessary permits, and if the water rights application is subsequently withdrawn by the <br />District, the County shall be responsible'for any costs or fees that may be awarded against the <br />District as a result of such withdrawal. <br />The parties recognize that the application may be withdrawn prior to entry of a decree in <br />the event of force majeure, such as wars, riots, insurrections, strikes, acts of God, natural _ <br />disasters or other similar occurrences outside of the control of the parties, and that in. such event, <br />each party will bear its own costs in connection with the Whitewater Park, the whitewater <br />course, and/or the water rights application, and the District shall be responsible for any fees or <br />costs that may be awarded against the District. <br />10. Coun Support for Wager Ri hts lication The County ill support pport the <br />District's application, and will provide documents, information, testimony and witnesses as <br />reasonably requested by the District to support the application before the Colorado Water <br />Conservation Board (to the extent deemed necessary or appropriate by the District) and before <br />the Water Court, and in discovery, depositions or other pretrial or post trial proceedings. The <br />County will make no charge to the District for time spent by any County staff or employees, or <br />members of the Board of County Commissioners, in connection with the water court proceedin <br />The District shall be responsible for obtaining and compensating the necessary water rights g. <br />consultants, water engineers, other expert witnesses (other than County staff or commissioners), <br />and attorneys involved in the development and prosecution of the application. <br />The County shall be responsible for all costs associated with time spent by its employees, <br />contractors, agents or consultants in connection with any redesign or construction modifications <br />to the Whitewater Park which may be required as a result of the water rights proceeding or <br />otherwise. <br />4 <br />