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point; or pursuant to a water supply contract for <br /> delivery of Blue Mesa storage water through the <br /> Reach for Instream Purposes. or <br /> (iii) to any junior instream'water right <br /> appropriated by the CWCB for the Reach, or <br /> (iv) to the transfer of any purchased or donated <br /> water right not acquired by TNC from MN to all <br /> or part of the Reach for Instream Purposes. <br /> Each party reserves the right in any proceedings <br /> hereafter to advocate such interpretation of <br /> subparagraphs 14(a). (b). (c), and (d) with respect to <br /> the releases and other water rights described in this <br /> subparagraph (e) as each party shall deem appropriate <br /> and correct. <br /> 15. The Water Users may file a statement of opposition to <br /> the CWCB's application for a change of the Water Right to <br /> Instream Purposes so long as such statement indicates that the <br /> Water Users seek the imposition of only such terms and <br /> conditions as are set forth in paragraph 14. Upon <br /> incorporation into the Change Decree of the terms and <br /> conditions set forth in paragraph 14, the Water Users shall <br /> withdraw any statement of opposition to the application. <br /> EXERCISE AND DEFENSE OF THE WATER RIGHT <br /> AFTER CONVEYANCE TO THE CWCB <br /> 16. The CWCB shall. after conveyance of the Water Right to <br /> it or after entry of a finding of diligence and decree in Case <br /> No. 89CW79. whichever occurs last. protect the Water Right by <br /> filing statements of opposition in the District Court for Water <br /> Division No. 4 or by seeking injunctions or such other relief <br /> as may be appropriate to the extent that any filing for a water <br /> right. for a change of water right. or for an exchange of water <br /> right; any other filing: or any use of water will result in <br /> material injury to the Water Right: provided. however, that <br /> injury of one percent or less shall be deemed to not be <br /> material for the purposes of this Agreement unless that injury. <br /> when combined with any current or future filing or water use, <br /> is projected to exceed one percent of the Water Right. The <br /> CWCB shall also protect the Water Right against claims of <br /> abandonment. The CWCB shall not be obligated to. but may in <br /> its sole discretion, oppose any diligence applications or <br /> initiate or support abandonment proceedings concerning other <br /> water rights. <br /> 17. The CWCB shall not compromise the Water Right without <br /> trial in any proceeding described in paragraph 16 without the <br /> -7- <br />