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<br />_. <br /> <br />. <br />~, <br /> <br />. <br /> <br />. <br /> <br />is made part of and incorporated into this order and decree. <br />the ter~s of which are as follows: <br /> <br />1. Applicant 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 50 long <br />as said water right will ndt caUSe More than 145,000 acres <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 />Riyer and its tributaries between October 1 of any year and <br />September jO of the following year. The appl icant is not <br />bound by this stipulation if said water right is no longer <br />used for purposes of irrigation. <br /> <br />Z. 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 so removed shall <br />not o~ SUbject to the terms of this stipulation. <br /> <br />3. Ap~ljcant does not waive its right to use the <br />water right 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 furtherahce of provision <br />~o. 1 of this stipulation. <br /> <br />4. The purpose of this stipulation is to allow <br />full compli~nce with th~ equitable apportionment provisions <br />of b~QLaJ~a_~~_~~gmlQ~, JZ5 u,S. 589 (1945) and modified <br />January 14. 1953. Applic~nt has entered into a stipulation <br />with the Jack SOh County Water Conservancy District due to <br />the uniqueness of sa;d equitable apportionment decree in <br />that said decree defines the specifiC acreage that may be <br />placad under irrigation. This stipulation establishes no <br />general principle or precedent with respect to any other <br />interstate stream. <br /> <br />The ColoradO River water Conservation District also <br />timely filed a statement of opposition and SUbsequently witn- <br />drew said OPPOSition. <br /> <br />-Z- <br />