BOARD00223

• Board Meeting Date: 9/13/2004
• Description: ISF Section - Proposed Water Right Donation - Colorado Water Trust, Peabody #1 Ditch and Lund Enlargement, Boulder Creek and Blue River
• Board Meetings - Doc Type: Memo

7. If the Water Court applic i fo h g i use t
reason, or is denied in w ole or In p
a manner as to prevent t e pur 0 eft is ag e
parties hereto shall cons It on ut r a ti n eg r
Rights.

use is denied for any
. ourt is conditioned in such
tleing fulfilled, then, the
a d's use of the Donated

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A. The right to use the Donated Rights reserved by the Trust will be for use(s) at a
location or locations to be specified prior to filing a change application in water court
for such use(s).

B. This Agreement expressly prohibits the Trust and its assigns from exercising the right
to use the Donated Rights reserved by the Trust via exchange to uses located
upstream from Green Mountain Reservoir, or on the Colorado River upstream of the
confluence with the Blue River. The exercise of the reserved right to use the Donated
Rights at locations downstream of the confluence with Green Mountain Reservoir may
not occur on any tributary in which the Board holds an instream flow water right, at a
point within or upstream from that instream flow segment, and shall not cause injury to
any instream flow wat r n ts e y th oar

C. The parties acknowle ge a nders an t t e Di sion E gineer will assess
appropriate transit los es on t eflt r a ail bl f es do nstream from the
confluence with Gree n in R s i .

D. The Trust or its assig s il r 0 si I f r e . g n required water passage
or water storage agre e ts ith th . B r au 0 R I mation to allow exercise of
the reserved right to u e w t dow str f 0 the Blu iver confluence with
Green Mountain Res ir

8. If the Water Court application for change in use for uses downstream from the confluence
with Green Mountain Reservoir is denied for any reason, or is denied in whole or in part,
or if the decree of the court is conditioned in such a manner as to prevent the purposes of
this agreement from being completely fulfilled, the parties hereto shall consult on future
action regarding the reserved right to use the consumptive use portion of the Donated
Rights downstream from the confluence with Green Mountain Reservoir.

Miscellaneous Provisions

9. This Agreement shall not be assignable by either party without the written consent of the
other.

1 a.AII of the provisions of this Agreement shall survive the closing of the conveyance
required herein, and shall not merge therewith.

11.ln the event the Trust dissolves prior to entering into a contract with a buyer for the
retained use of the Donated Rights, the Trust shall convey the reserved right to use of the
Donated Rights downstream from the confluence with Green Mountain Reservoir to the
Board as part of its dissolution proceedings.

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