Laserfiche WebLink
<br />4. The Board, in its sole discretion, may cause the application under paragraph 2 to be dismissed at <br />any time before the Water Court issues a final decree. Prior to initiating any such dismissal, the <br />Board shall consult with the Council. If the application is dismissed fOf any reason, or is denied in <br />whole or in part, or If the decree of the Court is, conditioned in such a manner as to prevent this <br />Agreement from being completely fulfilled, then the Board may sell or donate all, or a portion of <br />the Donated Right, to whomever it chooses, s4bject to the written approval of the Council. <br /> <br /> <br />3. The Council shall use reasonable efforts to assist the Board in obtaining judicial approval of the ,; <br />change application,including requesting the Southwestern Water Conservation District to use i_ <br />best efforts to assist the Board in obtaining said judicial approval. ., <br /> <br />Miscellaneous Provisions <br /> <br />5. This Agreement shall not be assignable by either party without the written consent of the other. <br /> <br />6. All of the provisions of this Agreement shall survive the closing of the conveyance required herein, <br />and shall not merge therewith. <br /> <br />Enforcement <br /> <br />8. <br /> <br />Pursuant to Section 37-92-102(3) C.R.S., the terms of this Agreement shall be enforceable by <br />each party as a water matter in the District Court for Water Division 7; provided, however, that <br />before commencing any action for enforcement of this Agreement, the party alleging a breach <br />shall notify the other party in writing of the alleged breach and the parties shall make a good-faith <br />effort to resolve their differences through informal consultation. e <br /> <br />Specific performance shall be the exclusive remedy for failure of either party to comply with any <br />provision of this Agreement. <br /> <br />7. <br /> <br />DATED this Z1- day of ~~ ,2001-: <br /> <br />By: ~ ~ r;. ~.~/k#! <br />Lee Campbell, Pres' ent <br /> <br /> <br />ATTEST: ~4~ <br />A n Brown, Secretary <br /> <br />COLORADO WATER <br />CONS~ERV BOARD <br /> <br />- _ !/lvC <br />By: ~ <br />Rod Kuharich, Director <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br />(303) 866-3441 <br /> <br />SAN JUAN RESOURCE CONSERVATION <br />AND DEVELOPMENT COUNCIL <br /> <br />e <br /> <br />3 <br />