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.. .e k '?31/f0'17 34 02 00 Routing Y"5i/6f' N-"). 'j ~~~~hs~f~l~h_~~~fI~s~I THIS AGREE~ENT is made this lS~day of ~~~~~:c____, 1993. between Alma l. Scohy ((hereinafter "ScOhy"), The Nature Conservancy. a District of Columbia nonprofit corpora- tion (herei nafter the "Conservancy"). and the State of Colo- rado for the use and benefit of the Department of Natural Res0urces. acting by and through the Division of Wildlife and the Colorado water Conservation, Board (hereinafter the "State"): ~~s;,i.l2l.? 1. WHEREAS. authority exists in the law and funds have been budgeted, appropriated and otherwise made avai lable and a sufficient unencu~bered balance thereof remains avail- able for payment in Fund NumDer ~QOI~ G/l Account Number 5241x _, Contract Encumbrance ~umber ___ ~_g!02175 and 2. nation have cies; and WHEREAS, required approval, clearance and coordi- been accomplished from and with appropriate agen- 3. ..HEREAS, ously contracted for the G. Berkely Ditch Scohy and the Conservancy have previ- the sale and purchase of 1.0 c.f.s. of by agreement of March 7, 1978; and 4. WHEREAS. the Conservancy and the state have con- tracted for the purchase and sale of the same water rigrt by conlract of June 22, 1978 (executed by the state on August ~. 1978); and 5. WHEREAS, both contracts are expressly conditioned upon successful quieting of title to said water. An action was brought, as required, by the Conservancy to quiet title which was unsuccessfully concluded by a dismissal without prejudice of the case; and 6. WHEREAS, all parties are agreeable to attempt to Cure the defects of title by relying upon the seven-year statute of limitations, C.R.S. 1973,38-41-108 (1982 repl. vol. 16A); it bein'.;) recognized that Scohy has the best title r to said water and it being the intention of the p,Hties that the state will quiet title to said water after seven I" years' use thereof; and