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Decree <br />Colorado Water Trust and <br />Colorado River Water Conservation District <br />Case No. 05CW265 <br />Page 9 <br />C. Measurement and Accounting: The River District shall install measuring <br />devices, provide accounting, and supply calculations regarding the amount and timing of <br />diversions and replacements as may be required by the State and Division Engineers for <br />the operation of the exchange decreed herein. <br />D. Transit Losses: Transit losses, if any, shall be determined (and modified <br />from time to time as appropriate) and assessed upon the exchanges by the State Engineer <br />in accordance with §§ 37 -83 -101, 37 -83 -104, and 37- 87- 102(4). <br />12. Stipulations. Applicants have entered into and the Court hereby approves and <br />incorporates into this decree the stipulation with the objectors filed in this matter. <br />13. No precedent. The findings of fact, conclusions of law and decree stipulated <br />hereto were completed as a result of substantial discussions, negotiations and <br />compromises by, between and among the Applicants and Objectors. It is specifically <br />understood and agreed by the parties hereto, and found and concluded by the Court, that <br />the acquiescence by the parties to a stipulated decree under the specific factual and legal <br />circumstances of this matter and upon the numerous and interrelated compromises <br />reached by the parties shall never give rise to any argument, claim, defense or theory of <br />acquiescence, waiver, bar, merger, stare decisis, res judicata, estoppel, or laches, nor to <br />any administrative practice or precedent, by or against any of the parties hereto in any <br />other matter, case or dispute; nor shall testimony concerning such acquiescence of any <br />party to a stipulated decree herein be allowed in any other matter, case or dispute. All <br />parties stipulate and agree that they each reserve the right to propose or to challenge any <br />legal or factual position in any other matter filed in this or any other court, without <br />limitation by these fmdings, conclusions, judgment and decree. <br />14. Use of Green Mountain Reservoir. The River District shall exchange or store <br />water in Green Mountain Reservoir only so long as it has consent of the United States, <br />and such use is within the effective time period of such consent. The River District <br />recognizes that Green Mountain Reservoir is owned and operated as part of the Colorado - <br />Big Thompson (C -BT) Project by the U.S. Bureau of Reclamation. Any use of the C -BT <br />Project facilities by the River District for storage, exchange, or otherwise, will occur only <br />with the written permission of the owner of said reservoir, and will be made consistent <br />with such policies, procedures, contracts, charges and terms as may be lawfully <br />determined by the U.S. Bureau of Reclamation or its successors in interest, in their good <br />faith discretion. This Decree does not give the River District any right to ownership or <br />use of any C -BT Project structure, or any rights of ownership or rights to purchase or <br />receive allocation of C -BT Project water. Moreover, the River District shall not operate <br />the rights decreed herein in a manner that would interfere with the lawful operation of the <br />C -BT Project. This Decree (or any omission herefrom) shall not be interpreted to limit, <br />00029181 <br />