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410 410 <br /> otherwise. and TNC shall convey this covenant to the CWCB if <br /> the said agreement is so amended. Upon such conveyance, the <br /> CWCB shall be obligated to enforce this covenant as a part of <br /> this Agreement. The CWCB shall enforce the subordination of <br /> the priority of the Retained P &M Water Rights as provided in <br /> the December 31. 1987, agreement, which subordination shall be <br /> conveyed by TNC to the CWCB and run with the Water Right. <br /> 22. Nothing in this Agreement shall be construed to <br /> prevent the Water Users from perfecting or defending the Senior <br /> Decree or the Junior Decrees. or from filing statements of <br /> opposition or appearing in any proceedings whose objectives are <br /> the change, establishment, or perfection of priorities to the <br /> waters of the Gunnison River or its tributaries for any <br /> purpose. except as otherwise agreed in paragraph 14 with <br /> respect to a stipulation in proceedings to obtain the Change <br /> Decree. Nor shall anything in this Agreement be construed to <br /> prevent the CWCB from changing. perfecting, defending, or <br /> enforcing the Water Right for Instream Purposes within the <br /> Reach. or from seeking to appropriate. acquire, change, <br /> perfect, defend. or enforce other water rights for that <br /> purpose. except as otherwise agreed in paragraph 14 with <br /> respect to a stipulation in proceedings to obtain the Change <br /> Decree. <br /> 23. No determinations or decisions by the CWCB pursuant to <br /> paragraphs 16 through 20 of this Agreement shall be binding on <br /> the Water Users. <br /> 24. This Agreement shall be a covenant which runs with the <br /> Water Right and with the Senior and Junior Decrees of the Water <br /> Users. This Agreement shall be recorded in Montrose and Delta <br /> Counties. Colorado. <br /> 25. The CWCB may not sell, lease, transfer, or otherwise <br /> dispose of the Water Right without the written consent of TNC. <br /> ENFORCEMENT <br /> 26. Pursuant to section 37 92 102(3), C.R.S. the terms of <br /> this Agreement shall be enforceable by each of the parties to <br /> the Agreement as a water matter in the District Court for Water <br /> Division No 4; provided, however. that before commencing any <br /> action for enforcement of this contract. the party alleging <br /> violation shall notify the other parties in writing of the <br /> alleged violation and the parties shall make a good faith <br /> effort to resolve their differences through informal <br /> consultation. <br /> 27. The parties shall retain all remedies available to <br /> them, except that specific performance of this Agreement shall <br /> be the exclusive remedy as between TNC and the CWCB for failure <br /> -9- <br /> U00G0R7 <br />