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NLLACQ00017
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NLLACQ00017
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Entry Properties
Last modified
8/11/2009 3:25:42 PM
Creation date
9/30/2006 8:12:56 PM
Metadata
Fields
Template:
NLL Acquisitions
Case Number
W-569-72
Lake Name
MEXICAN CUT POND # 4
Watershed
Crystal River
Water Division
5
Water District
38
County
Gunnison
NLL Acq - Doc Type
Contracts, MOA/MOU, Leases, Agreements
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<br />As a result of these attributes, the Property and Water Rights <br />prcvide, among ,other benefits, the following b~nefits: <br /> <br />a) They serve as an example cf the native condition 'in studies <br />relat~ng to air, water, and soil quality,and habitat <br />productivity; and <br /> <br />b) They serve as rescurce material from which 'new knowledge may <br />be derived and as .3 reservoir of geneti~ material which has <br />pr'esent ,and future value to scientific inquiry; and <br /> <br />.c) They serve as an outdoor classrcom and labota~cry fcr <br />scientific.study. <br /> <br />3. Rights and Du~ie. of the. Department. The DEPARTMENT shall list <br />the Prcperty and Water'Rights, as' a des'ignated natural area cf the <br />Cclcrado'Natural Areas System. The DEPAR~MENT sh~ll ,provide TNC and' <br />RMaL each with a Certificate iq.dicating said: designation. Further, <br />this designation evidences the desire of the DEPARTMENT that the <br />Property and Wat.er Rights be prc>tected from impacts advers.ely 3rfecting <br />the attributes for which the Property and Water Rights were <br />designated. To the<. extent that it has the authority to do so, the <br />DEPARTMENT' shall nct publish. any infcrroation concerning the location of <br />the Prcperty, and Water R~ghts o'ther than the name of the County in . <br />which it is'located. <br /> <br />a) Access. The DEPARTMENT has no ~uthority to grant access to <br />the Property, Ponds, and Lake without the ccnsent of TNC, <br />RMBL, or the Bcard. Ccnsertt may be given when access would be <br />consis~ent with and promote the purpcses of this Agreement. <br /> <br />b) In,spection. The DEPARTMENT shall have,the right to. 'inspect <br />the, Property, ponds, and Lake from time to time to confirm <br />that they .are being: used solely fcr the ~urposes stated in <br />paragtaph 4. The DEPARTMENT shall give TNC, RMBL, or the <br />BOARO ten (10) days'prior nctic~ of the date and time it <br />intends to inspec1:; the P~operty, Ponds, 'and Lake. <br /> <br />4. Rights and ,pueies of TNC. TNC shall use and shall as~ure'that <br />RMBL us~s the Prqperty solely for the purposes of the teaching and <br />study of biology and fcr the ~onducting of biOlogical experiments. The <br />management cf the ?rop~rty shall be the respcnsibility of TNC pursuant <br />to the policies and gcals described in Exhibit 'C, attached hereto and <br />in~Qrporated here<in by reference. In the event the present lease <br />between TNC and RMB~ is te~inatedf the pOlicies and goals described in <br />Exhibit C shall govern the .terms cf any subsequent leases cf the <br />Property. TNC shall further notify the DEPARTMENT upon terminaticn of <br />or execution of any lease or any other document, granting a property <br />interest in' the, Property. All documents affecting the Prcperty <br />executed by TNC subsequent to. the' date of this Agreement .shall be <br />subjec~ to this ~reementf which shall be attached thereto and <br />incorpQrated. therein' by reference. Except as so stated, TNC may <br />continue to exercise all of its rights as the Owner of,the Prop~rty. <br /> <br />5. Ri~hts an4 Duties of the BOARD and RMBL. .RMBL and the BOARD <br />shall manage ,the Water Rights pursuant to the policies and goals <br />described in Exhibit C. Said management shall ensure.that'the water is <br />.used SOlely for pi$catorial, non-w.anipulative biolcgica1. research and <br />teaChing, wildlife procreation and natural heritage preserv<it,ion, not <br />to include the introduction cf non~indigenous species. Said management <br />shall be consistent with 1) lease agreement 'between .RMBL and the BOARD, <br />which is attached hereto and incorporated herein by reference as <br />'Exhibit 1,)" and 2) tl.1e applicatio,n~ for minimUUl lak~ levels filecl by <br /> <br />Page 4'of 7 pages <br />
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