2011-03-14_REVISION - M1977493 (41)

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CM0000919 7. Such other applications as may be necessary to effect the chosen alternative. A ? Such cooperation shall include participation as co- .,w applicants in any required water court applications; m.? provided, however, that this provision shall not constitute an encumbrance-or obligate a part to continue the existence of the foregoing water rights. m m= D. Excess Water Rights. 99 v Upon the development of the full project for the Cities m ? provided for in Section IV.B.2. above, the Cities shall ao z w? r dedicate to the joint use project all of its remaining ? - Eagle River conditional water rights or dedicate such 0 rights for nonconsumptive uses, such as environmental ? mitigation. There shall be no additional diversions to a a •m the cities under these rights and no transfer of the 0 ».-- rights for use out of the basin. Y, IX. PROJECT COST SHARING. During Phase 2 of the study, the parties shall seek to reach an agreement regarding the sharing of costs for the construction, operation and maintenance of the subsequent phases of the project. X. MUTUAL COOPERATION. The parties agree to discuss on an annual basis means to utilize Eagle Park Reservoir or other Reservoir Company facilities in conjunction with the then existing Homestake Project or other facilities owned by,the-Cities, through . exchange or otherwise, for the mutual benefit of the parties. XI. SUCCESSORS AND ASSIGNS. The provisions of this MOU shall apply to, and be binding upon, the successors and assigns of the parties hereto. Any assignments of interest hereunder shall be in writing, with notification thereof promptly provided to all parties. 4 s:\1ega1\mtp\water\aur-cs2.mou 19 I I"?II'?III "I'lll "II I'?'I ?I'Ili II'?I I'I II?'? III I 666203 08/17/1998 03:10P 23 Sara Fisher 40 of 112 R 661.00 D 0.00 N 0.00 Eagle CO