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<br />purposes of Aspinall. <br /> <br />c, Exercise of the subject water right shall not cause or result in flows that <br />flood the Delta area (currently flows in excess of 10,000 cfs at the Gunnison River gage at <br />Delta, USGS gage nwnber 09144250) or the Grand Junction area ( currently flows in excess of <br />20,000 cfs at the Gunnison River gage near Grand Junction, USGS gage nwnber 09152500). <br /> <br />d, The Board shall take such action under state law, including requesting <br />administration by the State Engineer and the Division Engineer for Water Division 4 and <br />initiating water court proceedings, as may be necessary to fully exercise the subject water right <br />or to obtain delivery of the subject water right. The subject water right shall be protected <br />within the entire subject stream reach. <br /> <br />e, The Board shall protect the subject water right by filing a statement of I <br />opposition or otherwise participating in any water court proceeding on an application not <br />covered by the Subordination Agreement that would cause injury to the subject water right. <br /> <br />f. Except as provided in paragraphs 4, a, b, and c,above, the Board shall not <br />abandon, in whole or in part; subordinate; lease; sell; donate; otherwise dispose of; <br />compromise; subjugate; or encwnber the subject water right in any manner whatsoever without <br />the consent of the National Park Service. <br /> <br />5, The terms of this MOA shall be enforceable by either the Board or the National <br />Park Service in an action for specific performance in a state court of competent jurisdiction. <br /> <br />a. This MOA does not authorize the National Park Service or any other <br />person, entity, or governmental agency to assert the Board's rights or interests in any judicial or <br />administrative proceeding, <br /> <br />b. Before commencing an action to enforce this MOA, the party alleging <br />violation shall notify the other party in writing of the alleged violation and the parties shall <br />make a good faith effort to resolve their differences through informal discussion. <br /> <br />c, This MOA shall not create any third party beneficiaries and shall not be <br />. enforceable by anyone other than the National Park Service and the Board. <br /> <br />6, Except as expressly provided herein, this agreementMOA does not waive any <br />rights of either the Board, the National Park Service, or the Bureau of Reclamation: <br /> <br />7, This agreementMOA does not grant the National Park Service a property <br />interest in the subject water right. <br /> <br />NOTICES <br /> <br />8, Any notice, demand, or request authorized or required by this MOA shall be <br />deemed to have been given when mailed, postage prepaid, ot delivered to the Regional <br />-4- <br /> <br />~t("-~o'. <br />,\~ ~ <br />y~~ i. <br />(\,eG' W'- <br />~ <br />