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• <br /> the confluence of the Smith Fork. The CWCB may at its sole <br /> discretion. request recommendations on a reach extending from <br /> that gage downstream to any point from one mile below the <br /> confluence of the Smith Fork to the confluence of the North <br /> Fork. The CWCB shall request that these recommendations be <br /> made by August 1, 1990. <br /> 3. Not later than November 30, 1990. draft preliminary <br /> recommendations for accepting the donation of the Water Right <br /> and for changing the Water Right to Instream Purposes in one or <br /> the other of the two above specified reaches of the Gunnison <br /> River (the "Reach ") shall be reviewed at a meeting of the <br /> CWCB. The CWCB may at that time make such changes in the draft <br /> preliminary recommendations as it, in its sole discretion, <br /> deems appropriate. <br /> 4. Within 30 days after the meeting of the CWCB at which <br /> draft preliminary recommendations are reviewed, a public notice <br /> of preliminary recommendations shall be given in accordance <br /> with the CWCB Procedures for the Administration of the Instream <br /> Flow /Natural Lake Program (the "Procedures "). The same shall <br /> be taken up and public comment heard at the next regularly <br /> scheduled CWCB meeting. The CWCB may at this time make such <br /> changes in the preliminary recommendations as it in its sole <br /> discretion. deems appropriate. <br /> S. Within 30 days after the CWCB meeting at which the <br /> preliminary recommendations are presented, a public notice of <br /> final recommendations shall be given in accordance with the <br /> Procedures. The same shall be taken up. public comment heard, <br /> and action taken either to accept or decline the donation of <br /> the Water Right from TNC at the.next regularly scheduled CWCB <br /> meeting. <br /> (a) The CWCB may, in its sole discretion, decline the <br /> donation of the Water Right for any reason. even if the <br /> determinations required by section 37- 92- 102(3). <br /> C.R.S.. can be affirmatively made. If the CWCB <br /> declines the donation of the Water Right. then this <br /> Agreement shall be automatically terminated as of the <br /> date of such determination and no party shall have any <br /> further rights, responsibilities. or obligations <br /> pursuant to this Agreement. <br /> (b) If the CWCB desires to accept the donation of the <br /> Water Right. it shall make the determinations for which <br /> section 37 --92- 102(3). C.R.S., calls. <br /> (c) The CWCB reserves the right to determine at a <br /> later date whether other water rights, including an <br /> original appropriation by the CWCB, should be obtained <br /> in order to preserve the natural environment to a <br /> reasonable degree in the Reach. <br /> -3- <br /> t7 r-m neinnn i n <br />