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<br />. <br /> <br />- <br /> <br />e <br /> <br />-- <br /> <br />extraordinary drought or emergency conditions in its municipal water supply. <br /> <br />11. The Board hereby authorizes Aspen to be its agent for administration and <br />monitoring of its irtstream flow right on Castle Creek. <br /> <br />12. As the Board's agent, Aspen shall be responsible for monitoring streamflows in <br />Castle Creek at the Midland Flume, for operating the stream model described in paragraph 17 <br />to determine when the Board's irtstream flow right is in priority in Castle Creek above and <br />below the Midland Flume, and for calibrating Or refining such stream model from time to time. <br />If measurement or model results indicate that the Board's decreed irtstream flow is in priority, <br />but that there is not enough water physically available to fulfIll the decree (without including the <br />Aspen bypasses), then Aspen shall contact the water commissioner or Division Engineer on the <br />Board's behalf, and call for curtailment of junior water rights to make water available for the <br />decreed irtstream flow. Aspen shall immediately report to the Board any time a call is made. <br /> <br />13. The Board recognizes that Aspen has agreed to bypass portions of its own water <br />rights to assist the Board's instream flow program as described herein in reliance on the ability <br />of the Division Engineer, Water Division No.5, and water commissioner to atimini~ter Castle <br />Creek and its tributaries. Should the Division Engineer be unable to reasonably atimini~ter water <br />rights on Castle Creek and its tributaries to protect the irtstream flow, Aspen may refuse to <br />bypass water hereunder and, at its election, may terminate this Agreement. <br /> <br />14. Aspen shall be responsible for maintaining all records necessary for the <br />implementation of this Agreement, using forms mutually agreeable to the pa.'"ties, and all records <br />of streamflows at the Midland Flume, and diversions by Aspen's water rights, as reasonably <br />required by the Division Engineer for administration of water rights (including the irtstream <br />flow) in Castle Creek. <br /> <br />15. Aspen will provide an annual report to the Board on the operation of this <br />Agreement, the actions taken by it as the Board's agent, and its planned operations for the <br />upcoming year. The report shall be provided by January 1 of each year and shall address the <br />previous year's activities. <br /> <br />16. Upon thirty (30) days advance written notice to Aspen, the Board may, in its sole <br />discretion, revoke this authorization for Aspen to act as its agent; provided, however, that if the <br />Board revokes this authorization, then it must assume at its own expense all responsibility for <br />the administration and monitoring that would be undertaken by Aspen in order to implement this <br />Agreement. If the Board fails to do so, Aspen may terminate this Agreement. <br /> <br />17. The parties agree to cooperate in the design and implementation of a <br />comprehensive stream measurement system on Castle Creek and development of a reliable model <br />of Castle Creek that will enable real-time administration of Castle Creek. The operational model <br />will be developed and calibrated to enable the parties to predict when the Board's decreed <br />irtstream flow is in or out of priority in reaches both upstream and downstream of the Midland <br /> <br />3 <br />