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<br />. <br /> <br />alleging violation shall notify the other party in writing of the alleged violation and the parties <br />shall make a good faith effort to resolve their differences through informal discussion. <br /> <br />5, Measurement. Measuring devices are not currently necessary for enforcement of <br />the Board's right. Should the Division Engineer deem a measuring device necessary, the United <br />States and the Board agree that they will work cooperatively to attempt to satisfY the Division <br />Engineer's requirements for administration ofthe Board's rights. Nothing herein obligates either <br />the United States or the Board to expend funds to satisfY this provision, <br /> <br />6. United States Land Management Actions. The United States agrees to include <br />the Special Interest Area Designation for Spring Creek, as set forth in the attached Exhibit C, in <br />the draft Forest Plan for the Grand Mesa/Uncompahgre/Gunnison National Forest. The parties <br />expressly acknowledge that the United States makes no representations as to the content of the <br />Forest Plan ultimately adopted, <br /> <br />7. No Third Party Beneficiaries. This stipulation shall not create any third party <br />beneficiaries and shall not be enforceable by anyone other than the United States and the Board, <br /> <br />8, Stipulation Does Not Affect Statutory or Regulatory Authority. This <br />agreement does not waive any rights of either the United States or the Board except as expressly . <br />provided herein. Nothing in this Stipulation or the attached decrees shall be construed or <br />interpreted to limit or affect the authority of the United States or the Board provided by statute or <br />regulation, This stipulation does not authorize the United States or any other person, entity, or <br />governmental agency to assert the Board's rights or interests in any judicial or administrative <br />proceeding except as described in paragraphs 3 and 4 above, <br /> <br />9. Stipulation Not to Be Used Against Parties, The parties agree that this <br />Stipulation has been entered into based upon good faith negotiations for the purpose of resolving <br />legal disputes, including pending litigation, by compromise and settlement and that nothing in <br />this Stipulation, including the stipulated entry of decrees for these claims and any affidavits or <br />other evidence or pleading submitted for the approval of the Stipulation, or any offers or <br />compromises made in the course of negotiating this Stipulation, shall be construed as admissions <br />against interest or tendered or used as evidence to support or oppose any party's claims or <br />objections in state water court or in any other proceeding, <br /> <br />10. Stipulation Binding. This Stipulation shall bind and inure to the benefit of the <br />respective successors of the parties, <br /> <br />11. Mutual Covenants of Authority. The parties represent and acknowledge that <br />each of the undersigned is authorized to execute this Stipulation on behalf of the party they <br />represent. <br /> <br />3 <br />