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<br /> <br />ewes 6/28/06 FINAL Draft <br /> <br />DRAFT <br />Donation Aqreement <br /> <br />The COLORADO WATER CONSERVATION BOARD ("BOARD" or "CWCB"), an agency of the <br />State of Colorado, the SOUTHERN UTE INDIAN TRIBE ("TRIBE"), and the PINE RIVER <br />IRRIGATION DISTRICT ("PRID"), in consideration of the mutual promises contained in this <br />document, agree as follows: <br /> <br />Section 1 <br /> <br />."' <br /> <br />Recitals <br /> <br />i.A. Pursuant to C.R.S. 937-92-102(3), the BOARD is vested with statutory authority to <br />"acquire, by grant, purchase, donation, bequest, devise, lease, exchange or other contractual <br />agreement, from or with any person, including any governmental entity, such water, water rights, <br />. or interests in water in such amounts as the BOARD determines is appropriate for stream flows <br />to preserve or improve the natural environment to a reasonable degree". <br /> <br />1.B. Under C.R.S. ~ 37-92-102(3), no person or entity other than the BOARD "shall be <br />granted a decree adjudicating a right to water or interests in water for instream flows in a stream <br />channel between specific points... for any purpose whatsoever". <br /> <br />1.C. PRID was established in the 1930's to operate Vallecito Reservoir (Vallecito), the primary <br />component of the Pine River Project. Vallecito is located on the Pine River in La Plata County <br />near the Town of Bayfield, Colorado. Vallecito was constructed by the Bureau of Reclamation <br />and began operation in 1941. <br /> <br />1.0. The TRIBE is a federally recognized Indian tribe. <br /> <br />. <br /> <br />i.E. The Pine River Indian Irrigation Project ("PRIIP") is a federal Indian irrigation project <br />which serves tribal, allotted and fee properties with water from Vallecito and adjudicated surface <br />diversions. <br />