BOARD00820

• Board Meeting Date: 7/26/2006
• Description: ISF Section - Pine River Proposed Water Donation - La Plata County
• Board Meetings - Doc Type: Memo

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right to use the Donated Water and so long as said application also contains the following
language:

On , 2006, PRID and the TRIBE entered into a "Donation Agreement"

with the CWCB which assigns to CWCB the right to use Vallecito Deliveries or

Storage Water from Vallecito for instream flow use in the ISF Reach of the Pine

River to preserve and improve the natural environment to a reasonable degree.

PRID and the TRIBE have reviewed the application herein, and affirm that this

application, if decreed, will not 1) impair the ability of PRID or the TRIBE to

provide Donated Water to the CWCB for ISF use or to meet the terms of the

Donation Agreement, or 2) injure the CWCB's right to use the Donated Water.

If the CWCS should determine the need to file a Statement of Opposition, the CWCB

shall notify PRID and the TRIBE before making such filing.

4.C. The CWCB hereby authorizes PRID and/or the TRIBE to monitor the Donated Water

through the ISF Reach. The CWCB agrees to install any gages needed to monitor and protect

the Donated Water, subject to the availability of funds. PRID and the TRIBE agree to work with

the CWCB and the CDWR to consider participation in the operation and maintenance of any

such gages. PRID andlor the TRIBE shall notify the CWCB as quickly as possible of any

situation of which they are aware that impacts CWCB's ability to use the Donated Water for ISF

purposes. The CWCS will contact the Division 7 Engineer and seek administration or take

whatever actions are necessary to ensure the full amount of Donated Water is protected through

the ISF Reach. Nothing in this paragraph shall be construed as a waiver by CWCB of its right to

monitor or protect the Donated Water.

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