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<br />5 <br /> <br />. <br /> <br />(h) CORl has the righe to proceed on its own with the develop~ent <br />of any designated project subject to Reclamation's rights pursuant to sec- <br />tion 2.1 herein. <br /> <br />3.2 CORY may assert in water court for the purpose of perfecting <br />or defending the water rights associated with the designated projects all <br />of the rights and benefits accruing to Reclamation hereunder and the provi- <br />sions of any permits, rights-of-way or rights of use provided for under <br />paragraphs 4.1 through 4.3 hereof. <br /> <br />3.3 CORY shall pay for all costs incurred in connection with any <br />pending or future legal matter, pertaining to glacial moraines which it <br />elects to pursue in Colorado water courts. <br /> <br />4. PER1-HTS OR RIGHTS-GFJ..TAY FOR THE USE OF FEDER.'U. PROPERTY <br /> <br />4.1 The parties agree that as soon as possible Reclamation will apply <br />and use its best efforts to obtain from the Forest Service, Department of <br />Agriculture, and the Bureau of Land Management, Department of the Interior, <br />appropriate permits, rights-of-way, or other suitable rights of use for the <br />priority projects. Such permits, rights-of-way, or rights of use shall be <br />requested on the basis of exclusive use of the parties for any activities con- <br />sistent with the objectives of this agreeQent including but not limited to the <br />cooperative investigation herein described and any other necessary feasibility, <br />environmental, or other required studies. The Forest Service applications will <br />request that CORY be listed and recognized as a sub-tenant pursuant to 36 CPR, <br />secton 251.55 (a). . <br /> <br />. <br /> <br />4.2 The parties agree that at least ten (10) years may be needed <br />to complete the studies hereirt described and any congressionally authorized <br />feasibility and environmental studies. It is accordingly determined that <br />the applications for permits, rights-of-way, or other rights of use will <br />request that they be issued for a minimum of 'ten (10) years. <br /> <br />4.3 Should Reclamation elect to terminate its participation in <br />this contract under paragraph 1.7, Reclamation agrees that its interest in <br />the permits, rights-of-way, or rights of use viII automatically transfer to <br />CORY. The Forest Service applications will request that the permits, <br />rights-of-way, or rights of use will provide. that should Reclamation so <br />elect, transfers to CORY are approved under 36 CFR section 251.59. <br /> <br />5. NOTICE <br /> <br />Any notice, demand, approval, proposal, protest, consent, direction, or <br />request required or authorized by this contract shall be deemed properly <br />given if mailed, postaKe prepaid. to the contracting officer at the address <br />shown on the signature page hereof, on behalf of CORY. The designation of <br />the person to be notified or the address of such person =y be changed at <br />any time by similar notice. <br /> <br />. <br />