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<br />.\ . <br /> <br />4. A pllIl:haser ofF.ry-Ark:Rewm Flows, by its application agrees to the following, and <br />agrees to filing of a stipulation with these. tenus in any water court case involving <br />F.ry-Ark Return Flow waters purchased from Ilie SECW AE~ <br /> <br />The SouthcllStcm Colorado Water Con~ervancy DistriCt 8IJd Applicant, <br />stipulate and agree to the following, which language shall be included in any decree <br />entered in any water court case: <br /> <br />1. Purchase lII1d use of Fl}'ingpan-Arlc.ansas Project water and purchase and use of <br />Return Flows Wm Fryingpan-Arkansas Project water will be made consistent with <br />the decrees and Allocation Principb of the Solltheastem Colorado Water <br />Conservancy Dislrict (as Iliey may from time to time be llJlleodcd), and such policies, <br />procedures, COIllTaCtS. clIarges, and tmns ll.~ may be lawfully determined from time to <br />time by the Southeastern Colorado Water Conservancy District in their discretion. <br />The decree in this case does not give Applicants any rights of ownership Ol: rights to <br />pUl'Cha.,e or =-eive allocation of Fryingpan-Arkansas PIojec:t water or Rctwn Flows <br />fium FIyingpan-Arkansas Project water, but does DOl alIQ any existing right the <br />Applicant may otherwise have. <br /> <br />2. lbe description ot reference to, or omiSllion of description of or reference to, <br />F.lY~an-Arkansas Project $1rU.Ctures and the decrees of the Southeastern Colorado <br />Water ConseJvancy District for the: Fryillgpan-Arkan.sas Project in the decree in this <br />case does not in any way amend, limit. or act 10 the detriment of those decrees. <br /> <br />3. The use of Frylngpan-Arbnsas l'rojcot facilities, including, but 1I011imited to, storage <br />in Fryingpan-MIclh'l<'IS Project racrvoirs and c:xchaoges with or substitu1iOIl fur <br />Ftyingpan-A1:kalJsas Project water and Return Flows therefrom Will be made <br />consislent with the decrees, AUocation l'ri1l/;iples, poliGies, procedures. C01lInicts, <br />charges and terms as may be lawfUlly detmnined from lime to time by the United <br />States Bureau of Rec1atUl1tion, or !he Southeastern Colorado Water CoOSlll'1rmCY <br />District in dteil: discrctiQll. The decrlX in tlID; case does not give AppliClUlt my rights <br />of ownership or right to use Fryingpon-Arkansas Project facilities, but does not aJIQ <br />any existing rights Applican1 may othe.rwis:: hIIve:. <br /> <br />4. We acknowledge: the Southeastern Colorado Water Conservancy District owns the <br />Return Flows from Project Water, and that the: Sou1h~tem Colorado Water <br />Conservancy District through 1he Southeastem Colorado Water Activity Entelprise <br />has mAintA;ned doutinion IUId control over Ihc:se Return Flows and has the right to sell <br />these Return Flow,. We acknowledge thc Southeastern ColoIado Water ConseTVlUlCy <br />District has not abandoned its rights to use or sell Return Flows from Project Waler. <br />We agree not to assert the Soutb.east~ Colotado WaJa; Conservancy District or the <br />Southeastern Colorado Water A"tivity Entlllprise hllll lost dominion or control over <br />, <br />or has abandoned or surrendered, the Return Flows from. Project Water. <br /> <br />4 <br />