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<br />~ <br /> <br />. <br /> <br />. <br /> <br />~ <br /> <br />i~ .ade part of and in,orporated into this order and decree9 <br />the terms of which .re as follows: <br /> <br />1. .pplicant agrees to subordinate the water rights <br />herein to any water right for irrigation or for storage for <br />irrigation use so long as said water right continues to be <br />used for irrigation in Jackson County. Colorado and &0 long <br />as said water right will not cause more than 145.000 &,res <br />to be placed under irrigation in Jackson County or cause <br />more than 11.000 acre-feet of water to be stored in Jackson <br />County for purposes of irrigation from the North Platte <br />River and its tributaries between October 1 of any year and <br />September 30 of the following year. The applicant is not <br />bound by this stipulation if said water right is no longer <br />used for purposes of irrigation. <br /> <br />2. If. due to Change in type of use of a water <br />right, acreage is removed from irrigation, any water right <br />subsequently used for irrigation of acreage 50 removed shall <br />not be SUbject to the terms of this stipulation. <br /> <br />3. Applicant does not waive its right to use 'he <br />water rignt herein as a basis to object to any water right <br />application. plan for augmentation. exchange, or change in <br />use or point of diversion not in furtherance of provision <br />NO.1 of this stipulation. <br /> <br />4. The purpose of this stipulation is to allow <br />full compliance with the equitable apportionment provisions <br />of beb~a1Ka_~__~~~miDg, 325 U.S. 589 (19451 and modified <br />January 14, 1953. Applicant ha$ entered into a stipulation <br />with the Jackson County Water Conservancy District due to <br />the uniqueness of said equitable apportionment decree in <br />tnat said decree defines the speCific acreage that may be <br />placed under irrigation. This $tipu1ation establishes no <br />general principle or precedent with respect to any other <br />interstate stream. <br /> <br />The tolorado River Water Conservation District also <br />timely filed a statement of OppOSition and SUbsequently with- <br />drew saiO opposition. <br /> <br />-2- <br />