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r <br />3.5 Maintenance. UGRWCD shall be responsible for maintenance of the <br />West Branch Diversion including the Upstream and Downstream Structures, removal of <br />sediment as necessary to meet the operating criteria, and any diversion dam or structure <br />placed in the channel of the Gunnison River. UGRWCD shall not be responsible for <br />maintenance of structures not constructed by UGRWCD. <br />4 Floods and Acts of God. The parties understand and agree that any <br />structures UGRWCD may place in the West Branch or main channel of the Gunnison River <br />or any work UGRWCD may perform in connection with the West Branch Diversion will not <br />be for the purpose of or capable of controlling floods or high water and that UGRWCD shall <br />not be responsible for damages caused by floods or Acts of God. <br />5 Statements Gf Opposition. The IRRIGATORS and WEST BRANCH <br />WATER USERS have filed Statements of Opposition to the Application. The provisions <br />of this Memorandum of Understanding shall guide the formulation of terms and conditions <br />to prevent injury to water rights to be included in any decree entered by the District Court, <br />Water Division No. 4 resulting from the Application. This MOU shall merge with said <br />decree and, upon entry of a decree this MOU shall be of no further force or effect. <br />UPPER GUNNISON RIVER WATER <br />CONSERVANCY DISTRICT <br />By Ale <br />M.' S c er, President <br />Attest: <br />Carol M. Drake, Secretary <br />VIRGIL AND 'LEE SPANN RANCHES, <br />INC and IRRIGATORS <br />By <br />6.at� <br />WEST BRANCH WATER USERS <br />By , <br />B G i <br />L <br />3 <br />