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BOARD00251
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Last modified
8/16/2009 2:47:51 PM
Creation date
10/4/2006 6:34:24 AM
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Template:
Board Meetings
Board Meeting Date
5/24/2004
Description
ISF Section - Boulder Creek Water Right Acquisition (Summit County)
Board Meetings - Doc Type
Memo
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<br />.. <br /> <br />it <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />\ <br /> <br />A. The right to use the Donated Rights reserved by the Trust will be for use(s) at a <br />location or locations to be specified prior to filing a change application in water court <br />for such use(s). <br /> <br />B. This Agreement expressly prohibits the Trust and its assigns from exercising the right <br />to use the Donated Rights reserved by the Trust via exchange to uses located <br />upstream from Green Mountain Reservoir, or on the Colorado River upstream of the <br />confluence with the Blue River. The exercise of the reserved right to use the Donated <br />Rights at locations downstream of the confluence with Green Mountain Reservoir may <br />not occur on any tributary in which the Board holds an instream flow water right. at a <br />point within or upstream from that instream flow segment, and shall not cause injury to <br />any instream flow wat?" rig~ts !heJCIQ~ thr B.,oard. ,Iu <br /> <br />C. The parties acknowleqge alip underStand that the Division Engineer will assess <br />appropriate transit losses on,the water available for uSes downstream from the <br />confluence with Green ~Iount~in iReservoir. ' <br />I 'j I I ,1 <br />: ' \ .; : : ~ : i\ ! ': ; I <br />D. The Trust or its assigns will b~1 rE:ispo~sibIS for securing ~ny required water passage <br />or water storage agreeme~ts!with the u.s. ,Bureau of Replamation to allow exercise of <br />the reserved right to use: wate~ dow~strea'm from thei Blu'e River confluence with <br />Green Mountain Res~,rvoir: ,: i" \ " . , " <br />! ! ! " I'! \.; ! . <br />. ' ' ! I 1\ " i : <br />7. If the Water Court applic~tidn!fof chang~ i(1 use t6 instreamflow use is denied for any <br />reason, or is denied in wh.ole or,in; part driif the d~cree of t~e court is conditioned in such <br />a manner as to prevent t~e purpo~e~ Of tryis iag~eement frol\l being fulfilled, then, the <br />parties hereto shall consult OI}Jutllra actiqn regarding the Board's use of the Donated <br />~* ...' ,., u " <br /> <br />8. If the Water Court application for change in use for uses downstream from the confluence <br />with Green Mountain Reservoir is denied for any reason, or is denied in whole or in part, <br />or if the decree of the court is conditioned in such a manner as to prevent the purposes of <br />this agreement from being completely fulfilled, the parties hereto shall consult on future <br />action regarding the reserved right to use the consumptive use portion of the Donated <br />Rights downstream from the confluence with Green Mountain Reservoir. <br /> <br />Miscellaneous Provisions <br /> <br />9. This Agreement shall not be assignable by either party without the written consent of the <br />other. <br /> <br />1 a.AII of the provisions of this Agreement shall survive the closing of the conveyance <br />required herein, and shall not merge therewith. <br /> <br />11.1n the event the Trust dissolves prior to entering into a contract with a buyer for the <br />retained use of the Donated Rights, the Trust shall convey the reserved right to use of the <br />Donated Rights downstream from the confluence with Green Mountain Reservoir to the <br />Board as part of its dissolution proceedings. <br /> <br />4 <br />
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