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V. TERMS AND CONDITIONS <br />Denver Water would support the RICD application filed by the Town of Silverthorne <br />provided that any decree entered contains the following terms and conditions: <br />1. The Applicant cannot exercise this RICD water right to the extent it would <br />interfere, impair or prevent Denver, in anyway, from fully utilizing the waters of the Blue River <br />and its tributaries. <br />More specifically: <br />a. The appropriation sought by Silverthorne should be subject to all direct and <br />storage diversions, exchanges and substitutions that DWD performs or could perform to <br />divert water through the Roberts Tunnel and to retain water withheld at Dillon Reservoir <br />pursuant to its decrees or decrees needed to fully utilize Denver's ability to store and divert <br />water under the Blue River Decree. <br />b. Whenever the 2004 appropriation sought by Silverthorne is out-of-priority by <br />virtue of downstream senior calls, Silverthorne should not be allowed to use the <br />appropriation to curtail or otherwise impede DWD's ability to divert or store water at Dillon <br />Reservoir and the Roberts Tunnel. <br />Respectfully submitted this 20`h day of June, 2005. <br />PATRICIA L. WELLS, No. 10120 <br />MICHAEL L. WALKER, No. 2828 <br />CASEY S. FUNK, No. 11638 <br />? <br />City and Co ty of Denver, acting by and through its <br />Board of Wa r Commissioners <br />1600 West 12th Ave. <br />Denver, CO 80204-3412 <br />Phone Number: (303)628-6460 <br />Fax Number: (303)628-6478 <br />5