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<br /> certain portions of school lands for the purpose of constructing, reconstructing, operating and
<br /> maintaining the Closed Basin project; and
<br /> WHEREAS, Right-of-Way No. 2612, Book 26, is attached hereto as Exhibit A and
<br /> incorporated herein; and
<br /> WHEREAS, the State Land Board and the Conservation Board,pursuant to paragraph 15
<br /> of Exhibit A, anticipated that this Right-of-Way 2612, Book 26, would be assigned to the United
<br /> States of America acting through the Bureau of Reclamation in accordance with section 105 of
<br /> Public Law 92-514, upon the written consent thereto of the State Land Board; and
<br /> WHEREAS, the State Land Board has, in manner and form as provided by statute,
<br /> granted such Right-of-Way for the purpose aforesaid and none other, upon the terms and
<br /> conditions set forth therein, and has duly authorized the proper officers of said State to execute
<br /> same; and
<br /> WHEREAS, the Conservation Board desires to assign Right-of-Way No. 2612, Book 26
<br /> to the United States.and the United States desires to accept assignment consistent with the
<br /> conditions contained therein, with the exception of the changes to Paragraph 8,21 and 23 of
<br /> Right-of-Way No. 2612, Book 26 set forth below; and
<br /> WHEREAS, by its signature on this assignment,the State Land Board has consented in
<br /> writing to this assignment by the Conservation Board to the United States.
<br /> NOW THEREFORE, in consideration of the conditions cited above, mutual agreements
<br /> between the parties hereto, and the benefits to be derived from the Closed Basin project by the
<br /> State of Colorado and the Conservation Board,the parties hereto consent and agree as follows:
<br /> 1. The Conservation Board as assignor hereby assigns its right and interest in Right-
<br /> of-Way No. 2612, Book 26 to the United States, subject to the terms and conditions therein, for
<br /> the purpose of constructing,reconstructing, operating and maintaining the Closed Basin project.
<br /> 2. The United States hereby accepts this assignment of Right-of-Way No. 2612,
<br /> Book 26, and agrees, as assignee of the Conservation Board,to abide by all terms and conditions
<br /> therein except paragraphs 8, 21, and 23,which paragraphs shall be revised to read as follows:
<br /> 8. The right at any time of the State Land Board to grant a Right-of-Way upon, over,
<br /> or across all or any part of said premises for any ditch,reservoir, railroad, communication
<br /> system, electric power line, or pipeline, school house or other lawful purpose so long as
<br /> such Right-of-Way grant would not unreasonably interfere with pre-existing project
<br /> facilities.
<br /> 21. In case this Right-of-Way is terminated for any cause whatsoever, the United
<br /> States shall, if requested to do so in writing by the State Land Board, restore the land
<br /> occupied by said Right-of-Way as near as possible to its condition prior to the
<br /> construction of the facilities. The United States will be required to take on this
<br /> responsibility subject to the availability of funds for this purpose and to applicable law.
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