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<br /> <br />272 <br /> <br />Water Court Proceedin~ <br />, <br />, <br /> <br />~ <br /> <br />, <br />3. Within a reasonable time period after receiving title to the Donated Right, the Board shall <br />file an application with the Water Court seeking to change the decree for the Donated <br />Right to instream flow use exclusively by the Board in the following segments of stream: <br /> <br />· Big Horn Gulch - from the decreed location of Headgate # 1 of the Donated <br />Right, downstream to the confluence with the Mineral Creek (North Fork), a <br />distance of 1,39 miles. <br /> <br />· the unnamed tributary to Big Horn Gulch - from the decreed location of <br />Headgate #2 of the Donated Right, downstream to the confluence with Big <br />Horn Gulch, a distance of 0.44 mile. <br /> <br />· Mineral Creek (North Fork) - fromithe confluence of Big Horn Gulch <br />downstream to the confluence with South Fork, Mineral Creek, a distance of <br />4.62 miles. <br /> <br />The Council shall use reasonable efforts to assist the Board in obtaining jUdicial approval <br />of the change application, including requesting the Southwestern Water Conservation <br />District to use its best efforts to assist the Board in obtaining said judicial approval. <br /> <br />4. The Board, in its sole discretion, may cause; the application under paragraph 3 to be <br />dismissed at any time before the Water Cou'rt issues a final decree. Prior to initiating any <br />such dismissal. the Board shall consult with ithe Council, If the application is dismissed <br />for any reason, or is denied in whole or in pM. or if the decree of the Court is conditioned <br />in such a manner as to prevent this Agreement from being completely fulfilled, then the <br />Board may sell or donate all, or a portion of .the Donated Right, to whomever it chooses, <br />SUbject to the written approval of the CouncIl. <br /> <br />, <br /> <br />Miscellaneo~s Provisions <br /> <br />5. This Agreement shall not be assignable by ~ither party without the written consent of the <br />other. ' <br /> <br />6. All of the provisions of this Agreement shall ;survive the closing of the conveyance <br />required by paragraphs 1 and 2 herein, andishall not merge therewith. <br /> <br />Enforpement <br /> <br />7. Pursuant to Section 37-92-102(3) C.R.S,. tHe terms of this Agreement shall be <br />enforceable by each party as a water matter in the District Court for Water Division 7; <br />provided, however, that before commencing any action for enforcement of this <br />Agreement, the party alleging a breach shall notify the other party in writing of the alleged <br /> <br />3 <br />