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<br />. <br /> <br />. <br /> <br />A. A stream gauge sufficient to measure the full amount of the CWCB <br />instream flow in the stream segment below the Snowmass Divide Ditch head gate will be installed <br />by or at the direction of the Colorado Water Conservation Board. The stream gauge shall be <br />installed no later than 90 days after entry of a final decree granting a change of water right on <br />Snowmass Creek to the Board. In the event that a final decree is entered at a time when the <br />expiration of the 90 days shall be between the dates of October I and May 1, of any year, the <br />ninety day time period shall begin to run on the following May 1. This provision is intended to <br />alleviate the requirement of installation of a stream gauge during the winter months. <br /> <br />B. The Board will use the conveyed water rights solely to maintain the <br />instream flow by enhancement of the priority of its instream flow water rights on Snowmass <br />Creek and for uses to protect the natural environment to a reasonable degree in the mainstem of <br />the Roaring Fork River consistent with the historic use assumptions in paragraph IV.B. above. <br /> <br />C. The Board is responsible for monitoring the instream flow gauge and <br />contacting the Water Commissioner or Division Engineer and calling for administration to protect <br />the legally authorized instream flow right. <br /> <br />D. The Board will be responsible for maintaining all records necessary for <br />implementation of this Agreement. <br /> <br />VI. MISCELLANEOUS PROVISIONS <br /> <br />A. The time limits in this Agreement may be extended by mutual agreement of <br /> <br />the parties. <br /> <br />B. This Agreement shall not be assignable by either party without the written <br />consent of the other. <br /> <br />C. All of the provisions of this Agreement shall survive the closing of the <br />conveyance and shall not merge therewith. <br /> <br />D. This Agreement shall be a covenant which runs with the conveyed water <br />rights and shall be recorded by TCF with the Clerk and Recorder of Pitkin County, Colorado. <br /> <br />E. The Board may not sell, lease, transfer or otherwise dispose of the interests <br />in the conveyed water rights without the prior written consent of TCF or its successors or assigns. <br /> <br />VII. ENFORCEMENT <br /> <br />A. Pursuant to Section 37-92-102(3) C.R.S. (1989), the terms of this <br />Agreement shall be enforceable by each party as a water matter in the district court for Water <br /> <br />-4- <br />