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1. Term. This MOA shall remain in effect until the earlier of the following: a) it is superceded <br /> by a subsequent written agreement between the Parties further addressing the subject matter <br /> of this agreement; or,b) performance by either Party becomes impossible. <br /> 2. Obligations of the Parties. <br /> a. The Colorado Water Conservation Board ("CWCB") will provide up to $25,000 to <br /> Canon City to be used towards the design and construction costs associated with the <br /> building of a whitewater park within Canon City, and as further described in the attached <br /> Scope of Work. This money will be used to complete the attached Scope of Work, and <br /> will be paid by the CWCB to Canon City when each of the described tasks has been <br /> completed. The Colorado Water Conservation Board Staff will review the draft designs <br /> for conformance with Colorado's statutory requirements and the Board's rules, policies <br /> and other guidance regarding RICD's and the construction of whitewater parks and <br /> provide comments that Canon City will consider and address before finalizing the design <br /> and construction of Canon City's whitewater park. <br /> b. The Colorado Water Conservation Board assumes no liability as a result of its review of <br /> the design drawings. <br /> c. The Colorado Water Conservation Board Staff will work with Canon City and its <br /> consultant with the goal of constructing a whitewater park that will: 1) provide a <br /> reasonable recreation experience; 2) promote maximum utilization of the State's water <br /> resources; and, 3) allow Colorado to fully use its compact entitlements. <br /> d. Given the manner in which the Chaffee County RICD water right is exercised and <br /> administered and in consideration of the terms of the Arkansas River Compact and the <br /> resulting flow in the Arkansas River through the City, the City anticipates that it may not <br /> be necessary to file for and may not file for an RICD water right. However, because of <br /> the proximity of Canon City to the Chaffee County RICD measuring point, Canon City <br /> may seek an MOA with Chaffee County to possibly better ensure flow for Canon City's <br /> whitewater park. CWCB staff would support Chaffee County and Canon City in these <br /> efforts. <br /> e. In the event that Canon City does seek to file for a RICD water right, Canon City would <br /> confer and consult with the CWCB Staff during the development of the RICD water <br /> rights application. Canon City will assure that any RICD water right that it will apply for <br /> will comport with the decreed Chaffee County RICD water right flows, including the <br /> same terms and conditions, and protecting the same water development opportunities <br /> specifically provided for in the Chaffee County RICD water right decree and associated <br /> MOA between Chaffee County, the Colorado Department of Natural Resources, and <br /> various water users. <br /> 2 <br />