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<br /> CM0000912 <br />' <br /> (2) the work of the Eagle River Assembly <br /> shall satisfy the requirement to w ?,- <br />-;` determine the parties' water needs; w <br />L <br /> <br />(3) the regulation of groundwater levels and N? <br /> the parties' water rights shall remain wo <br />No, <br /> within the exclusive jurisdiction of the ? <br />?'?.... <br /> State.Engineer and Water Court; and BCD <br /> <br /> (4) the joint use project need only meet <br /> existing decreed instream flow levels in <br /> affected stream reaches. zo <br /> o <br /> e. Meetings with the County and all parties to o w <br /> >. identify concerns and mitigation ODD. <br /> requirements. a <br /> A ? <br />O <br /> 4. The parties, as co-applicants, shall diligently <br /> pursue such permit approvals, including <br /> cooperation in the preparation of supporting " -"' <br /> written materials and the presentation of oral '- <br /> testimony. <br /> The parties acknowledge that all alternative <br /> scenarios cannot be foreseen in detail at this <br /> time, and therefore agree that the coordination <br /> and cooperation contemplated hereunder shall apply <br /> to any project configuration or feature which the <br /> parties subsequently agree to substitute for one <br /> of the alternatives (or components thereof) set <br />- <br />t; forth herein. <br /> 6. To the extent any party exercises its right not to <br />` participate in a subsequent phase as referenced in <br /> Section III.C.4, such party shall nevertheless <br /> support any application that is consistent with <br /> the terms of this MOU. Such support shall consist <br /> of providing favorable testimony and letters of <br /> support in any permit proceedings, but shall not <br /> require any financial contribution. <br /> 7. Should the Reservoir Company fail to meet its <br /> obligations hereunder to support the applications <br /> for permit approvals, the cities shall have no <br /> obligation to subordinate their water rights as <br /> s: \legal\tatp\water\aur-cs2.mou <br />II (?'I <br />'I'I?III II?'I ?'I I <br />'?I <br />I I'??II I'll ?'I'?II ?'ll I? <br /> I <br />I <br />1 <br />12 <br />666203 08/17/1998 03:.10P 23 Sara Fisher <br />- 33 of 112 R 861.00 D 0.00 N 0.00 Eagle CO <br /> <br /> <br />