Laserfiche WebLink
approval within the following; twenty (20) calendar day period. No such meeting shall be <br />deemed to vitiate or reduce the obligations and liabilities of the Parties or be deemed a waiver by <br />a party hereto of any remedies to which such party would otherwise be entitled under this <br />Agreement, unless otherwise agreed to by the parties in writing. "Administrative Officers" <br />collectively shall mean the Chair of the Chaffee County Board of County Commissioners, the <br />Chief Executive Officer of Colorado Springs Utilities, the Executive Director of the BWWP, the <br />Executive Director of Southeastern, and the General Manager of Upper Arkansas. As for <br />disputes arising solely from decisions by the FIow Coordination Committee, the Director of <br />Utilities for the City of Aurora shall also be an Administrative Officer. <br />b. If, during the 20 -day period following the meeting described in <br />subparagraph (a) above (or such other time period as the Parties may agree), the Parties have not <br />succeeded in negotiating a resolution of the dispute, the Parties involved in the dispute shall <br />participate in non- binding mediation, and bear equally the costs of that mediation, but with each <br />party to bear their own attorney fees and costs associated therewith: The Parties involved in the <br />dispute agree to participate in good faith in the mediation and related negotiations for a period of <br />30 calendar days. <br />C. If the Parties in dispute are not successful in resolving the dispute through <br />mediation, they shall be free to pursue any other available legal remedy. The Parties agree to <br />reasonably expedite any legal proceeding brought hereunder in order to obtain a prompt <br />resolution. <br />d. Any of the time frames in this paragraph 16 may be extended by <br />agreement of the Parties. The Parties recognize that for certain disputes time is of the essence, in <br />which case the Parties agree to expedite all above time frames in a reasonable manner so as to <br />allow prompt resolution of the disputed issue. <br />17. Future Applications for Due Diligence or to Make Absolute. Chaffee County <br />agrees not to oppose future diligence applications and/or application to make absolute, for the <br />Senior Exchange Holders' existing decreed water rights set forth in Exhibit F attached hereto, so <br />tong as such applications are made subject to and consistent with this MOU; and further subject <br />to Chaffee County's right to assert in opposition to such applications an enlargement of use <br />beyond, the scope of the existing decree and/or that the exchanges involved new sources of water <br />not identified in the decree, and/or that the exchanges involved new or enlarged diversion or <br />storage facilities that were not identified in the decree or in paragraph 18 below. The Parties <br />hereto agree not to oppose future diligence applications and/or applications to make absolute the <br />RICD water rights that are the subject of the Consent Decree, so long as such applications are <br />made subject to and consistent with this MOU. <br />18. Agreement Concerning Senior Excha_ng-es. Senior Exchange Holders have <br />existing, decreed water rights (listed in Exhibit F), and Upper Arkansas has the Upper Arkansas <br />Exchange Case pending, some of which include identified exchanges to or from Turquoise <br />Reservoir, Twin Lakes, Clear Creek Reservoir and/or Pueblo Reservoir. Absent an express <br />provision in said existing; decrees to the contrary, and subject to such other conditions in the said <br />existing decrees including, but not limited to, source of water limitations, the Parties hereto agree <br />that (a) any said exchanges specifying Turquoise Reservoir and/or Clear Creek Reservoir include <br />'012341 13 <br />