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DRAFT <br />(2) the Morrison Creels drainage from a point immediately <br />upstream of the mouth to the headwaters of Morrison Creek, (tbe "Vlonisott Creelt. <br />Excluded Area"); <br />(3) the Oak Creek drainage basin from a point immediately <br />upstream of the month to the headwaters of Oak Creek and includins water im op rteci <br />into Oak_Creek from, Trout Cteelc �uicl tlte__return tlo%vs therelioni (the "Oak Creek <br />Excluded Area "). <br />The restriction of this .paragrapj�, (a does not unpair the .City's ( Deleted: Except as ntodined by <br />ability to file a statement of opposition to any future changes of water rights or {_Deleted. s� <br />augmentation or exchange plan applications,_the sources uf._witich__.are _w.itl-tin t1le Deleted. 3(b), T <br />Excluded Area ,solely to prevent injury to Ae City's nnmtci al water rights other than : �eleted: d <br />the Boating Park RICD. but subject toparagrli3hs3W 3(.b) 3(d) 3(c) 3(t) and 3(tl• Deleted ttnd3(e)ofthisAgreement, <br />this restrictions <br />(d) The City will not oppose any future application for water rights, Deleted: any of <br />change of water rights, diligence to make absolute or approval of plan for augmentation <br />or excllangu filed by the Town of Yampa or Routh Cotlnty within the Upper Yampa <br />Excluded Area, <br />(e) The City will not oppose any future application for water rights, <br />change of water rights diligence- to make absolute. or approval of plan for augmentation <br />ot, exchange filed by the Town of Oalc Creek within the Oak Creek Excluded Area, <br />(f) The parties agree not to oppose any diligence application or <br />application to make absolute for any existing decreed water rights owned by the parties <br />hereto, and the Opposer Coalition agrees not to oppose any future diligence application or <br />application to make absolute any conditional component of the Boating Park RICD <br />decreed in Case No. 03CW86. <br />rile _fig . , .aonsclils , to aly cii_'y L u_i tit <br />water a i,t or exchange tivithin he 11 _per Yitnk_i,- Uak Cl-eck tu•lti_.Nlorrison Creel. )excluded <br />Areas of anx._iiri ttionwatr= r_ribht where the ttc jetion to the_ri_v_e.r at tUe [3aaiinr *_Park -RtCCD is, <br />as a result _of such Cl -Lil e or ex ch.�,,,•tin're__not dccrc,i5ed in annual cLuUntil V,_even -If diveiaion <br />location, flow ra(c _ tinic of use, and place of use xre to be chin cd., <br />4. instream FLOW. _ __ -_ <br />The City agrees that it will not request that the Colorado Water <br />Conservation Board ( "CWCB ") investigate, appropriate or file for an instream flow water <br />right on the Yampa River within the City boundary. <br />5r RICD Transfer Restriction. <br />The City agrees that it will not transfer or convey the Boating Park RICD, <br />directly or indirectly, to any other entity without the prior consent of the Upper Yampa <br />Water Conservancy District, Routt County or the Towns of Oak Creek and Yampa. <br />09056 <br />Deleted: and <br />Deleted: t <br />Deleted: MLnzWneDcviceg.t <br />I The city and the Upper Yampa water <br />Conservancy District will, at their joint <br />expense, install, otva, and maintain gages <br />on Morrison Creels near its confluence <br />with the Yampa River, and ou Oak Creek <br />near its confluence with the Yampa <br />River, at locariona mutually agreed to by <br />the City and the District. The District <br />will conciane to own nndmaiatain at its <br />cost the gage on the Yampa River below <br />stagecoach Dam.1 <br />v <br />5. <br />Deleted: 6 <br />