TNC Gunnison Donation Agreement - Laserfiche WebLink

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• 6. If the CWCB accepts the donation of the Water Right. then TNC shall execute within ten days after acceptance of the donation the quit claim deed in favor of the CWCB which is attached hereto as Exhibit B (modified. if necessary, to reflect changes occasioned by the second sentence of paragraph 21) and this Agreement shall remain in full force and effect. Until the Water Right is conveyed to the CWCB or a finding of diligence and a decree entered in Case No. 89CW79. District Court for Water Division No. 4. whichever occurs last. TNC shall use its best efforts to protect the Water Right from being materially injured, abandoned. or otherwise impaired. 7. The timetable established in paragraphs 1 through 5 for actions by the CWCB may be extended by written agreement of the CWCB and TNC. RESPONSIBILITY FOR DILIGENCE PROCEEDINGS 8. TNC shall be responsible for all diligence findings on the Water Right in Case No. 89CW79, District Court for Water Division No. 4. and shall make its best efforts to obtain such diligence findings at the earliest possible date. TNC shall not compromise the Water Right without a trial in this proceeding without the writ/pn consent of the CWCB. If the matter is tried. TNC shall not forego or waive any right of appeal without the written consent of the CWCB. After the Water Right has been conveyed to the CWCB pursuant to paragraph 6. the CWCB shall file a statement in this proceeding indicating the change of ownership of the Water Right and supporting the application for due diligence. 9. This Agreement shall automatically terminate if and when TNC is unable, after any appeals. to obtain a finding of diligence and a decree in Case No. 89CW79. In this event. no party shall have any further rights. responsibilities, or obligations pursuant to this Agreement. 10. Upon execution of this Agreement. the Water Users shall withdraw its statement of opposition to the application in Case No. 89CW79, District Court for Division No. 4. 11. After conveyance of the Water Right to the CWCB pursuant to paragraph 6 above. the CWCB shall be responsible for any diligence proceeding required subsequent to Case No. 89CW79. The CWCB shall not compromise the Water Right without a trial in any such proceeding without the written consent of the TNC. If the matter is tried, the CWCB shall not forego or waive any right of appeal without the written consent of TNC. CONDITIONS CONCERNING CHANGE OF THE WATER RIGHT 12. Within 30 days after conveyance of the Water Right to the CWCB pursuant to paragraph 6 or after the entry of a -4- fflnf no4'..