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water rights or augmentation or exchange plan applications, the sources of which are located <br />within the No Opposition Basins, solely to prevent injury to the City's water rights other than the <br />Boating Park RICD. <br />C. Settlement Agreement. This Decree shall be subject to the terms of the <br />Settlement Agreement dated as of May 10, 2005, (as corrected by Correction of Settlement <br />Agreement also dated as of May 10, 2005, recorded under Reception No. 628451 of the Routt <br />County Records) between the City and the Upper Yampa Water Conservancy District, the Board <br />of County Commissioners of Routt County, Colorado, the Town of Oak Creek and the Town of <br />Yampa, and the Morrison Creek Metropolitan Water and Sanitation District as recorded under <br />Reception No. 628191 of the Routt County records (the "Settlement Agreement"), and the <br />Stipulation attached thereto which are incorporated herein by reference. <br />d. Limitation and Transfer. The Boating Park RICD water right shall not be <br />transferable by the City, directly or indirectly, to any other person or entity without the prior <br />written consent of the parties to the Settlement Agreement. Therefore, the Boating Park RICD <br />may not be exercised, nor valid calls thereunder be made, directly or indirectly, by any person or <br />entity other than the City. <br />e. Structure Removal. In the event the Boating Park RICD structures are <br />substantially removed, and the City does not enmmence the permitting process to replace such <br />structure(s) within three years of the date of removal and thereafter diligently completes the <br />replacement of the structure(s) to the same or greater extent once all permits have been secured, <br />then there shall be a rebuttable presumption that the RICD structure(s) and associated water right <br />has been abandoned. <br />f. As -built Drawings. Prior to placing a call for the water rights deoreed herein, the <br />City must file with the Office of the Division Engineer for Water Division No. 6 as -built <br />drawings accurately depicting the Charlie's Hole and the D -Hole RICD structures. These <br />drawings must be signed and sealed by a professiunal enginucr ragistcred ux Colorado. The <br />purpose of these drawings is to ensure that the structures may be accurately replicated in the <br />event of any future damage. <br />RULING AND DECREE <br />1. The foregoing Findings of Fact and Conclusions of Law are fully incorporated into this <br />Ruling and Decree by this reference. <br />2. The absolute water right for the two structures constituting the Boating Park as described <br />in paragraph 6 above are hereby decreed in the amounts as set forth in paragraph 61 above, <br />subject to and limited by all of the terms and conditions set forth herein. <br />"236 <br />