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<br />( <br /> <br />( <br /> <br />~--5 <br /> <br />9. Either party may, in its sole discretion. cause anyone <br />of the above two applications to be dismissed at any time <br />before the court issues a final decree. The other party shall <br />not oppose any such effort to dismiss an- application. If an <br />application is dismissed for any reason or is denied in whole <br />or in part, or if the decree of the court is conditioned in <br />such manner as to prevent this Agreement from being completely <br />fulfilled, then all of the right, title, and interest conveyed <br />by Boulder to the Board under the terms of this Agreement shall <br />be reconveyed by the Board to Boulder within 30 days of written <br />demand by Boulder. In the event of such reconveyance, Boulder <br />shall not receive any right to use water, water rights, or <br />interests in water for instream flows in the specified reach. <br /> <br />10. Boulder shall pay for all of its own and all of the <br />Board's costs and expenses required to file applications for <br />and effectuate the necessary changes of water rights, incLuding <br />any Obligation that may be incurred by either party to pay <br />attorney's fees of third parties; provided, however. that <br />Boulder shall not be required to reimburse the Board or the <br />Attorney General for the personal services costs of their <br />respective staffs. Expenses for outside consultants and <br />attorneys and any other costs shall not be incurred by the <br />Board without the prior written approval of Boulder. <br /> <br />CALL FOR ADMINISTRATION <br /> <br />II. The Board hereby authorizes Boulder to be its agent for <br />administration and monitoring in the specified reach of the <br />1974 right, the Berkley Ditch right, the conveyed water rights, <br />and the water assigned to the Board pursuant to paragraph 4 of <br />this Agreement. <br /> <br />r'. <br />.r <br /> <br />12. As the Board's agent, Boulder shall be responsible for <br />monitoring all gauges on Boulder Creek within the specified <br />reach. If the stream flow at any monitored point in the <br />specified reach is less than 15 c.f.s. at any time, then <br />Boulder shall contact the water commissioner or division <br />engineer on the Board'~ behalf and call for the administration <br />of the legally authorized instream flows. Boulder shall <br />immedi,Ltely report to the Board any controversy or problem with <br />the admiriistration of instream flows which it believes are <br />legally authorized. <br /> <br />13. Boulder shall be responsible for maintaining all <br />records necessary for the implementation of this Agreement, <br />using forms mutually agreeable to the parties', and all records <br />required by the division engineer for administration of <br />instream flows in the specified reach. <br /> <br />14. Boulder shall provide an annual report to the Board on <br />the operation of this Agreement. the actions taken by it as the <br />Board's agent and its planned operations for the forthcoming <br />.5- <br />