BOARD01632

• Board Meeting Date: 9/13/2004
• Description: ISF Section - Proposed Water Right Acquisition - Elkhead Reservoir Enlargement
• Board Meetings - Doc Type: Memo

Septem002,2004Page 14 of 16

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the CWCB with notice of its intent to exercise the first right of refusal. Any assigmnent,
transfer, sale, or conveyance of any part or all of the property interests described in
paragraph II.A.2. herein shall be expressly subject to the terms of this Acquisition
Agreement and the Reservoir Enlargement Agreement (including the on-going obligation
to pay a Pro-Rata share of the River District's OM&R costs). Any water right subject to
an assigmnent, transfer, sale, or conveyance pursuant to this paragraph may be used for
any beneficial use within the state of Colorado consistent with Colorado law. Nothing
herein shall limit or preclude the River District from participating in any Water Court
proceeding, initiated by any party, where the water rights decreed in 02CWl 06 (Water
Division No.6) are at issue.

XIII. ENFORCEMENT

A. Pursuant to section 37-92-102(3), C.R.S., the terms of this Acquisition Agreement shall
be enforceable by and between the River District and the State of Colorado as a water
matter in the District Court for Water Division 6.

B. The parties hereto shall have all rights and remedies provided under law for a breach or
threatened breach ofthis Acquisition Agreement.

C. The parties hereto shall have all rights and remedies provided under law for a breach or
threatened breach of this Acquisition Agreement.

D. Before commencing any action for enforcement ofthis Acquisition Agreement, in State
or Federal court, the party alleging a breach shall notify the other parties in writing of
the alleged breach, and the parties shall make a good-faith effort to resolve their
differences through informal consultation.

XIV. NOTICES

All notices that are. required to be given by parties shall be in writing and shall be sent by
certified mail, postage prepaid, as follows:

Director
Colorado Water Conservation Board
1313 Sherman Street, Room 721
Denver, Colorado 80203

With a copy to:
Office of the Attorney General
Water Rights Unit, Natural Resources and Environment Section
1525 Sherman St., 5th Floor
Denver, CO 80203

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