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<br />I <br />I. <br />I <br />I <br /> <br />, <br /> <br />I <br /> <br />I <br />I <br />I <br />I <br />I- <br />I <br /> <br />I <br />I <br /> <br />I <br /> <br />I <br />I <br /> <br />I. <br />I <br /> <br />I <br /> <br />000840 <br /> <br />AGREE1.IENT <br /> <br />THIS AGREEMENT is made and entered into this 9th day of July, 1987, by <br />and between the CENTRAL COLORADO WATER CONSERVANCY DISTRICT (Central), the <br />LOWER SOUTH PLATTE WATER CONSERVANCY DISTRICT (Lower), the IRRIGATJONI';'l'S <br />ASSOCIATION (Irrigationists), the NORTHERN COLORADO WATER CONSERVANCY <br />DISTRICT (Northern), PUBLIC SERVICE COMPANY OF COLORADO (Public Service), <br />and the RIVERSIDE IRRIGATION DISTRICT (Riverside). The parties to this <br />agreement are all parties in the Narrows Diligence case filed in Water <br />Division No. 1 under Case No. 86-CW-136 and in settlement of that case <br />agree as follows: <br /> <br />1. This agreement constitutes an enforceable contract between each of <br />the parties and may be enforced by the parties in 86-CW-136 or by elll <br />independent action. <br /> <br />2. Central and Lower agree that the operating criteria and procedures <br />of any project constructed using the Narrows decree will not impair the <br />return flows from the first use of Colorado-Big Thompson Project water in <br />accordance with and as defined by Northern's repayment contract with the <br />Federal Government, the Town of Estes Park/Northern Supreme Court case, and <br />with Northern's Rules and Regulations. <br /> <br />3. Central and Lower agree that the water right awarded to Narrows <br />Reservoir decree entered in Civil Action No. 16704 on July 15, 1970 \vi th i\ <br />priority date of August 2, 1957 in the amount of 718,174 acre feet I"~ <br />subordinated to and will not be used to callout or impair the diversions <br />or operation, .without enlargement, of t.he following: <br /> <br />., <br />, <br /> <br />a. The Cache la Poudre Water and Power Project, including all the <br />facilities associated with Grey Mountain Dam and Reservoir, the POlldn' <br />Forebay, and the Glade Dam and Reservoir whether constructed at the same <br />time or individually in phases as decreed in Case No. 80-CW-355, and <br />applied for in 85-CW-206, 85-CW-207, 85-CW-208, 85-CW-209, 85-CW-210. <br /> <br />b. The conditional water storage right for Wildcat Reservoir as <br />decreed in Case No. W-8098-75. <br /> <br />c. The following augmentation plans: Bijou Irrigation Company, <br />W-2704 and W-9172-78; Fort Morgan Reservoir and Irrigation Company, W-2962; <br />Upper Platte and Beaver Canal Company, W-2968; Lower Platte and Beaver <br />Canal Company, W-2969; Pioneer Water and Irrigation, Inc., 81-CW-407; Allyn <br />G. Wind, W-8439; Milliron/Kiowa Recharge project, 81-CW-382; Box lader <br />Recharge Project, 82-CW-4l3; Platte Valley Ditch Recharge Pro~cc,t, <br />85-CW-369; and Farmers Independent Recharge Project, 85-CW-370 and those <br />existing State Engineer approved augmentation plans as set forth in thp <br />list attached hereto as Exhibit A. <br />