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degree from the existing points of diversion of said water rights <br /> to the confluence of Hunter Creek with the Roaring Fork River; and <br /> WHEREAS, the Forest Service is desirous of entering into a <br /> land exchange or other appropriate transaction with the Division <br /> for the purpose of transferring said water rights to the Division; <br /> and <br /> WIIEREAS, the Board and the Division are desirous of entering <br /> into this memorandum of understanding with the Forest Service <br /> providing for the change of said water rights to allow said . <br /> additional uses and providing full protection for the Forest <br /> Service in the change of water rights proceeding pending the final <br /> execution of any land exchange. <br /> NOW, THEREFORE, in consideration of the above premises, it <br /> is mutually agreed and understood by and among th said parties <br /> that: <br /> 1.. The Board and the Forest Service will apply jointly to <br /> the Water Court for Water Division No. 5 for a water right change <br /> allowing alternate and additional uses of the Forest Service water <br /> rights described in the attached exhibit for all beneficial uses, <br /> particularly including instream flows sufficient to preserve the. <br /> natural environment to a reasonable degree. <br /> 2. The application for a water right change authorizing <br /> alternnative uses shall be on the following terms and conditions: <br /> a. The alternative uses shall include the establishment <br /> of instream flows necessary to preserve the natural environment to <br /> a reasonable degree under 37 - 92 - 102(3), 103(3), (4), and (10), <br /> -2- <br />