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<br />~ <br /> <br />., <br /> <br />Contlfol 5512. <br />,34-02-00 <br /> <br />ole J11-f <br /> <br />CONTRACT <br /> <br />THIS CONTRACT made this 22nd day of <br /> <br />June <br /> <br />1973 by <br /> <br />and between T}lli NATURE CONSERVANCY, a District of Columbia non- <br /> <br />profit corporation, (hereinafter "Conservancy"), and the STATE <br /> <br />OF COLORADO for the use and benefit of the DEPARTl'IENT OF NATURAL <br />RESOURCES, acting by and through the DIVISION OF WILDLIFE, and <br />the COLORADO WATER CONSERVATION BOARD (hereinafter "the State"); <br /> <br />W I T,~,E SSE T H : <br /> <br />WHEREAS, authority exists in the Law, and Funds have been <br />budgeted, appropriated and otherwise made available and sufficient <br />unencumbered balance thereof remains available for payment in <br />F~~d Number 4001, G/L Account, Number 5243, Contract Encumber Num- <br /> <br />ber <br /> <br />CI0217S: ' <br /> <br />;. for payment of consideration herein; <br /> <br />WHEREAS, required approval, clearance and coordination has <br />been accomplished from and with appropriate agencies of the State <br />of Colorado; and <br /> <br />tfHEREAS, the Conservancy has obtained a specific performance, <br /> <br />contingent contract for the purchase of the G. Berkley Ditch <br /> <br />which is useful for the maintenance of minimum stream flow condi- <br /> <br />tions of a certain segment of Boulder Creek; <br />WHEREAS, the Conservancy wishes to sell, and the State <br />wishes to buy, subject to certain conditions, the G. Berkley <br /> <br />Ditch water right; and <br />WHEREAS, in order to take title by Warranty Deed, a quiet <br /> <br />title proceeding is necessary, and, further, the purpose of the <br />State requires that a change in water right from irrigation to <br />instream.use.must be decreed in the Water Court. <br /> <br />NO~, THEREFORE, in consideration of these premises and <br /> <br />the covenants, terms and conditions contained hereinafter and <br />other good and valuable consideration. the parties hereto agree <br />as fo 110;1s : <br />