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<br />. <br /> <br />. <br /> <br />III. DONATION OF RIGHT TO USE BELOW SNOWMASS CREEK <br /> <br />Below the confluence of Snowmass Creek with the Roaring Fork River, any and <br />all legally permissible right to use water rights or interests in the water shall be conveyed to the <br />Board on condition that the Board shall file an application and diligently pursue a final decree in <br />the Water Court for use of such rights to preserve the natural environment to a reasonable degree, <br />not later than 18 months after the donation is final. If no such application is filed, the right to use <br />shall revert to TCF. <br /> <br />IV. WATER COURT PROCEEDINGS <br /> <br />A. The Board shall be the sole applicant in filing an application with the Water <br />Court to change the water right donated herein from irrigation purposes to instream flow <br />purposes. TCF shall not be a co-applicant in such proceedings. <br /> <br />B. TCF has determined that the maximum historic use of the water right <br />donated herein which can be converted to instrearn flow purposes in each month is as follows: <br /> <br />May June July August September October <br />6.20 cfs 6.20 cfs 6.20 cfs 4.30 cfs 2.90 cfs 2.90 cfs <br /> <br />The Board agrees to use all best efforts to fulfill its duties as prescribed by law which are vested in <br />the Board on behalf of the people of the State of Colorado to achieve these flow rates in the <br />Water Court change of use proceedings. The change of use proceedings shall be consistent with <br />the historic use assumptions in this paragraph IV.B. AIl best efforts shall include filing of an <br />application seeking these maximum flow rates and negotiation with any and all objectors <br />concerning the basis for these flow rates. In the event a stipulated decree incorporating these <br />flow rates cannot be obtained by the Board, a consultation with TCF shall be held concerning the <br />Board's Water Court application, status and issues of contention. Should the Board elect to <br />proceed to trial after the consultation with TCF or to stipulate to a decree, a final decree <br />concerning the change of use shall be accepted by TCF as fulfillment of the Board's obligation. <br /> <br />C. The Board shall pay for all costs and expenses required to file the <br />applications to effectuate the necessary changes of water rights. TCF shall not be obligated to <br />provide any costs or expenses of such proceedings. <br /> <br />V. DONATION CONDITIONS <br /> <br />Thefollowing conditions are required by TCF as material provisions of this <br /> <br />donation: <br /> <br />-3- <br />