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Decree <br />Colorado Water Conservation Board <br />Case No. 05CW264 <br />Page 8 <br />laches, nor to any administrative practice or precedent, by or against any of the parties hereto in <br />any other matter, case or dispute; nor shall testimony concerning such acquiescence of any party <br />to a stipulated decree herein be allowed in any other matter, case or dispute. All parties stipulate <br />and agree that they each reserve the right to propose or to challenge any legal or factual position <br />in any other matter filed in this or any other court, without limitation by these findings, <br />conclusions, judgment and decree. <br />The application is GRANTED and a decree is hereby entered changing the use of the <br />Peabody # 1 Ditch and Peabody #1 Ditch, Lund Enlargement & Extension rights from irrigation <br />uses to instream flow use in accordance with the terms and conditions herein. <br />Dated this day of , 2010. <br />BY THE COURT: <br />Hon. James B. Boyd <br />Water Judge <br />00029641 <br />