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<br />~~ <br /> <br />Ie <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />, <br />\ <br /> <br />2. The Trust shall record said deed with the Summit County Clerk and Recorder within ten <br />days of said conveyance, and shall provide a copy of the recorded deed to the Board. <br /> <br />Water Court Proceeding~ <br /> <br />3. Within one year after receiving title to the Donated Rights, the Board and the Trust shall <br />file a joint application with the Water Court seeking to change the decree for the Donated <br />Rights to <br /> <br />a. Allow instream flow use exclusively by the Board in the following segments of stream: <br /> <br />· Boulder Creek ~ from the decreec;llocation of the Peabody #1 headgate, <br />downstrearp to the confluence wi~h the Blue River), a distance of <br />approximatl3ly 3 miles. \ , <br />! \:' i i 1 --.. . , <br />. Blue River - frbm the co~fluence with; Boulder Creek, downstream to the <br />confluence with Gr~en Moun~id Reservoir, a ~istance of approximately 9 <br />. ,',", i' , <br />miles. ,i: C:,',~ l : , <br />,! ,. : ': ' . . I <br />, . , ,I .. ' " . , <br />Ii, ;, . i ; i : .;: <br />b. Allow use of the cqnsur:J1p,ti)le use port,iqn lof the Donated Rights downstream of the <br />confluence with G~een Mqljntain \ReserVoir for;irrigatipn, municipal, industrial, <br />augmentation, evapor~tio,n:replaqer:hent, fish and wildlife culture and/or fire control. <br />These uses will be! inbludet! in the, qhange 'application only if the Trust has entered <br />into a contra~ wit~ a buy;e~ for ~h~ rg~t ~o. use 'the DQn~ted Rights downstream of the <br />confluence with Green Mountam ReservOir. i ! : <br />i ___, .__." ,/ i _! i__ _L.; t__._.~,;...! :.. :. <br />If the Trust has not entered into such a contract with one year after receiving title to <br />the Donated Rights, the Trust will be responsible for filing the Water Court application <br />to use the consumptive use portion of the Donated Rights downstream of the <br />confluence with Green Mountain Reservoir. The Board may file a Statement of <br />Opposition to the application to protect existing instream flow rights from injury and to <br />ensure compliance with the terms of this agreement. <br /> <br />4. The Board will be responsible for the normal and reasonable costs of water court <br />proceedings that change the use to instream flow for segments of stream described in <br />paragraph 3a. The Trust shall provide reasonable assistance to the Board in obtaining <br />judicial approval of the change application, including paying the costs of any required <br />engineering reports to support the application. The Trust shall also be responsible for all <br />costs of the proceeding relating to changing the rights to the uses described in paragraph <br />3b. <br /> <br />5. The Board commits to use the Donated Rights for instream flow purposes to preserve or <br />improve the natural environment to a reasonable degree in the designated stream <br />reaches, and to take all reasonable steps to enforce those rights for instream flow <br />purposes and protect them from injury. <br /> <br />6. The following special conditions shall apply to the right reserved by the Trust to use the <br />consumptive use portion of the Donated Rights downstream of the confluence with Green <br />Mountain Reservoir, and shall be included in any deed conveying that right: <br /> <br />3 <br />