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FROM,: UGRWCD <br />FAX NO. : 970 641 7606 Jul. 16 2002 01:57PM P6 <br />Should the District obtain a decree for one or more conditional water rights, the County <br />shall cooperate with the District in development of the onaI water tights `ivith'the aal of <br />making the conditional water rights absolute at the earliest practicable opportunity, g <br />11. Affected County Water Right The parties recognize that a water right owned by <br />the County is diverted from a headgate within the reach of the whitewater course. The County <br />intends to operate the Whitewater Park and water rights decreed thereto in a manner that assures <br />that diversion of the County's water right is not altered or adversely affected by operation of the <br />Whitewater Park, and the District agrees that appropriate language recognizing this arrangement <br />, A ill be included in the water rights decree_ <br />12. Protection of Water Ri t_s Obtained. , nce Upon decree of any absolute <br />or conditional 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 whitewater course <br />structures and operates the whitewater course so as to protect the water rights from loss or <br />abandonment. The County agrees to cooperate with the District in all applications filed by the <br />District for findings of reasonable diligence or to make absolute any conditional water ri ghts <br />obtained for the whitewater course. The County also agrees to cooperate with the District in <br />opposing any abandonment proceedings for such water rights. Auer a decree has been obtained _ <br />for the whitewater course, and as long as the County agrees to operate the whitewater course or <br />proceeds with reasonable diligence to do so, the District agrees not to sell, transfer or convey the <br />water right or rights, or any interest therein. So long as the County operates the whitewater <br />course, or 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 rights <br />absolute as appropriate. <br />13. Designated Representative Each party shall identify a-designated representative <br />construction, who shall a contact person for the other with. regard to all matters pertaining to design, <br />operation, maintenance, repair, or replacement of the Whitewater Park, or the <br />water rights associated therewith. Th County's designated representative shall be John DeVore, <br />or his successor County Manager, and the District's designated representative shall be Kathleen <br />Curry or her successor District Manager. In the event a <br />changed, that patty shall notify the other party's designated representative is <br />replacement designated Ply of the name, address, and telephone number of its <br />dated representative. <br />14. Default: Notice- Right to Cure In the event one party believes the other patty has <br />defaulted or failed to perform its obligations hereunder, the party claiming such default or non- <br />performance shall give the other party written notice thereof, specifying of the default <br />the natuxe <br />or non - performance. The other party shall have 30 days within which to cure the default, or to <br />Perform its obligations, or, if cure or performance cannot reasonably be completed within such <br />5 <br />