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• 433084 • (100X 0586 'AGE i9l <br /> Iv <br /> AGREEMENTS AND REPRESENTATIONS OF TNC <br /> 4.1 TNC hereby accepts the donation of the Donated Water <br /> Rights for the purposes described in 4.2 below. <br /> 4.2 TNC shall attempt to obtain, through negotiation and <br /> joint action with the Colorado Water Conservation Board, a change <br /> of water rights decree for the purpose of maintaining minimum <br /> stream flow of 300 cfs from the gage immediately downstream of the <br /> diversion dam for the Gunnison Tunnel to a point one mile below <br /> the confluence of Smith Fork. TNC further agrees that if it is <br /> unable to obtain such a change of water rights decree, then TNC <br /> will dedicate the Donated Water Rights to the stream for perpetual <br /> minimum stream flow maintenance by decree or other appropriate <br /> instrument. TNC will bear all expenses of such effort. P1M shall <br /> be under no obligation to participate in any such negotiations and <br /> proceedings, except as provided in 2.3 above. <br /> 4.3 TNC hereby represents that it is a District of Columbia <br /> corporation in good standing and that it has obtained all required <br /> corporate approvals for acceptance of the Donated Water Rights <br /> under the terms of this Agreement and for its execution of this <br /> Agreement. TNC further represents that it has received a ruling <br /> or determination letter from the Internal Revenue Service that it <br /> is an. organization described in Section 170(c) of the Internal <br /> Revenue Code of 1954, which has not been revoked, and as such an <br /> -8- <br /> t� r:nnn� <br />