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Page 8 90CW308 Water Div. 5 through 10, SilverCreek Pump and Pipeline No. 1, SilverCreek Pump and Pipeline No. 3, and the DeBerard Ditch will be administered in the following manner. To the extent that the instream flow water right decreed herein is being met, SilverCreek Municipal Well Nos. 5 through 10, SilverCreek Pump and Pipeline Nos. 1 and 3, and/or the DeBerard Ditch can be operated as alternate points of diversion under the exchange decreed in Case No. 90CW236. If the instream flow water right is not being met from the DeBerard Ditch down to the point of diversion at Val Moritz Well No. 1, to the extent that Applicant is unable to make diversions through Val Moritz Well No. 1 under the 90CW236 exchange, Applicant shall be permitted to divert water, which otherwise could have been withdrawn from Val Moritz Well No. 1, through SilverCreek Municipal Well Nos. 5 through 10; however, such diversions shall occur only at that well (among SilverCreek Municipal Well Nos. 5 through 10) which is physically and operationally capable of providing such water, and is closest to Val Moritz Well No. I. Applicant shall also have the option to operate SilverCreek Municipal Well Nos. 5 through 10, SilverCreek Pump and Pipeline No. 1 and/or the DeBerard Ditch . when the instream flow is not being met as described above, so long as diversions through the SilverCreek Municipal Well Nos. 5 through 10, SilverCreek Pump and Pipeline No. 1, and/or the DeBerard Ditch (other than the Val Moritz Well No. 1 withdrawals described above) shall be replaced by reservoir releases at a point at or upstream of the diversions. Except as provided within this subparagraph, during the non - irrigation season Applicant shall curtail diversions at the SilverCreek Municipal Well Nos. 5 through 10, SilverCreek Pump and Pipeline Nos. 1 and 3, and the DeBerard Ditch under the 90CW236 exchange when the instream flow water right decreed herein is not met. Nothing in the CWCB's stipulation with SolVista and the District in Case Nos. 97CW290 and 98CW97 (Consolidated) and the decree entered therein absolves the CWCB of its responsibility to install such measuring devices as may be required pursuant to this decree. This subparagraph is not a subordination of the 90CW236 exchange priorities; at such time, if ever, that the Applicant curtails its diversions under the 90CW236 exchange at the SilverCreek Municipal Well Nos. 5 through 10, SilverCreek Pump and Pipeline Nos. 1 and 3, and/or the DeBerard Ditch to avoid injury to said instream flow water right during the non - irrigation season, then Applicant can operate the 90CW236 exchange, senior to the instream flow, at the original decreed points (Val Moritz Well Nos. 1 through 4) under the original decreed exchange priorities. (d) The Val Moritz Well Nos. 1 through 4 are senior to the Fraser River instream flow appropriation claimed by the Colorado Water Conservation Board in Case No. 90CW308. In Case No. W -1881, the Court decreed that any diversions for the