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<br />4.D. As long as this Agreement is in effect, the CWCB shall not apply to District Court, Water <br /> <br /> <br />Division 7, for an appropriated ISF water right on the Pine River downstream from Vallecito . <br /> <br />Reservoir. <br /> <br />4.E. The BOARD may not sell, lease, transfer or otherwise dispose of its interest in the <br /> <br />Donated Water. <br /> <br />Section 5 <br /> <br />Joint Water Rio..!::l!..AQplication <br /> <br />5.A. PRID, the TRIBE and the CWCB agree to jointly file a water rights application with the <br /> <br />District Court, Water Division 7, to obtain a new Vallecito storage multiple refill water right to <br /> <br />implement this Agreement for purposes, including but not limited to ISF use exclusively by the <br /> <br /> <br />eWCB in the ISF Reach. The eWCB shall be a co-applicant solely to obtain a decreed water <br /> <br /> <br />right to implement this agreement. The parties shall consult with each other and CDWR and. <br /> <br />reach agreement on accounting procedures for this Vallecito multiple fill water right. <br /> <br />5.B. If the Water Court application is denied for any reason, or if the proposed decree or <br /> <br />decree of the court is conditioned in such a manner as to prevent the purposes of this <br /> <br />agreement from being fulfilled, then, the parties hereto shall consult on future action regarding <br /> <br />implementation andlor termination of this Donation Agreement. <br /> <br />Section 6 <br /> <br />Enforcement <br /> <br />6.A. Pursuant to C.R.S. 937-92-102(3), the terms of this Agreement shall be enforceable by <br /> <br />each party as a water matter in the District Court, Water Division 7. Before commencing any <br /> <br /> <br />action for enforcement of this Agreement, however, the party alleging a breach shall notify the . <br /> <br />12 <br />