Instream Flow Acquisitions
4/15/2016 11:34:37 PM
10/5/2006 10:16:58 PM
Instream Flow Acquisitions
Hot Spring Creek
Instream Flow Acq - Doc Type
Hot Spring Creek - Nancy Hoelzen
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<br />., <br /> <br />. <br /> <br />. <br /> <br />CONVEYANCE OF THE WATER RIGHTS <br /> <br />1. Mrs. Nancy Hoelzen shall convey by quitclaim deed to the Board her interest in the <br />following Water Rights: <br /> <br />(a) H.E. Turner Ditch: 2.06732 c.f.s. out of2.33 c.f.s. total decreed, Priority No. 55 <br />decreed by the Water Court for Water Division 6 in Civil Action 3926 on May 30, <br />1972, appropriation date July 31,1965. <br /> <br />(b) O'Neal Ditch: 0.88583 c.f.s. out of I c.f.s. total decreed, Priority No. 55a decreed <br />by the Water Court for Water Division 6 in Civil Action 3926 on May 30, 1972, <br />appropriation date July 31,1965. <br /> <br />2. Within thirty days after the execution of this agreement, Mrs. Hoelzen shall convey the <br />Water Rights to the Board by a deed in substantially the same form as the attached Exhibit A, shall <br />record said deed with the Routt County Clerk and Recorder, and shall provide a copy of the <br />recorded deed to the Board. <br /> <br />WATER COURT PROCEEDINGS <br /> <br />3. Within a reasonable time period after receiving title to the Water Rights, the Board shall file <br />an application with the Water Court seeking to change the decrees for the Water Rights to instream <br />flow uses for exclusive use by the Board. <br /> <br />4. The Board may, at its sole discretion, cause the application under Paragraph 3 above to be <br />dismissed at any time before the Court issues a final decree. If the application is dismissed for any <br />reason or is denied in whole or in part, or if the decree of the Court is conditioned in such marmer <br />as to prevent this Agreement from being completely fulfilled, then the Board may sell or donate all <br />or a portion of the Water Rights to whomever it chooses, subject only to the written approval of <br />Mrs. Hoelzen. <br /> <br />MISCELLANEOUS PROVISIONS <br /> <br />5. This Agreement shall not be assignable by either party without the written consent of the <br />other. <br /> <br />6. This Agreement shall be binding upon the heirs, successors and assigns of the parties <br />hereto. <br /> <br />ENFORCEMENT <br /> <br />7. Pursuant to Section 37-92-102(3), C.R.S. (1990 and Supp. 1996), the terms of this <br />Agreement shall be enforceable by each party as a water matter in the District Court for Water <br />Division No.6; 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 breach <br /> <br />Page 2 of 3 <br />
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