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<br />2. Tri-State shall remain on the mailing list in this case, and the CWCB <br />agrees to continue to provide Tri-State with copies of all pleadings and other documents of <br />record herein, including but not limited to copies of any revised proposed rulings. <br /> <br />3. Tri-State has requested that the CWCB acknowledge and confirm that <br />under the provisions of C.R.S. ~ 37-92-102(3)(b), the historical water conservation practice <br />involving the Highline Canal decreed in Case No. 02CW261, District Court for Water Division <br />No.4, State of Colorado, constitutes a "present use" of water on the San Miguel River pursuant <br />to a practice in existence on the date of appropriation of the CWCB's instream flow ("ISF") <br />water right in this case. The CWCB recognizes that the 02CW261 water conservation practice <br />constitutes a present use of water and practice in existence on the date of the CWCB's <br />appropriation of the subject ISF. The prior existence of said water conservation practice is <br />confirmed in the letter report prepared by Tri-State's water rights engineer, which is attached <br />hereto as Exhibit A and incorporated herein by reference. However, both Tri-State and the <br />CWCB further acknowledge that because such conservation practice is located downstream of <br />the reach of the subject ISF on the San Miguel River, the exercise and administration of the ISF <br />to be decreed in this case would appear to have no impact on such historical practice. <br /> <br />4. The CWCB acknowledges that the rights decreed in Case No. 02CW261 <br />are senior to the ISF water right decreed in Case No. 02CW277. Further, the CWCB agrees to <br />negotiate in good faith with Tri-State regarding any future ISF filings on the San Miguel River <br />that extend downstream and into the river reach which includes the 02CW261 historical water <br />conservation practice. In the event that the CWCB announces its intent in the future to <br />appropriate any such ISF encompassing the 02CW261 practice, either in whole or in part, Tri- <br />State may contact the CWCB prior to the filing of such Water Court application and the CWCB <br />will in good faith consider whether to include language in the application and decree making said <br />ISF appropriation expressly subject to the 02CW261 historical water conservation practice in <br />accordance with the provisions of c.R.S. ~ 37-92-102(3)(b). Alternatively, if Tri-State either <br />contacts the CWCB prior to the deadline for filing statements of opposition or files a statement <br />of opposition to any such ISF application by the CWCB in the future, the CWCB will in good <br />faith consider whether to include the appropriate -1 02(3)(b) language recognizing the 02CW261 <br />practice in any decree to be entered in such case. <br /> <br />5. Any decree to be entered in this case shall include the following provision: <br />"Pursuant to ~ 37-92-502(5)(a), c.R.S., the Applicant shall install and maintain such measuring <br />devices and keep such records as the Division Engineer may require for administration of this <br />right. Upon request and payment of reasonable copying costs, the Opposer, Tri-State Generation <br />and Transmission Association, Inc., shall be entitled to copies of any such records required by <br />the Division Engineer to be maintained by the CWCB for the administration of this right." Tri- <br />State and the CWCB acknowledge that the Division Engineer has not required any such records <br />