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<br />~, <br /> <br />. <br />I <br /> <br />. <br /> <br />. <br /> <br />.r 1-. <br />" <br /> <br />is _ade part of and incorporated into this order and decree, <br />the terms of which are as follows: <br /> <br />. <br /> <br />'I. Applicant agrees to subordinate the water rights <br />herein to any water right for irrigation or for storage for <br />irrigation us~ so long as said water right continues to be <br />used for irrigation in Jackson County, Colorado and so long <br />as said water right will not 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 />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 />usea for purposes of irrigation. <br /> <br />l. 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 />hot b~ subject to the terms of this stipulation. <br /> <br />3. Applicant 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 furtherance of provision <br />No.1 of this stipulation. <br /> <br />4. The purpose of this stipulation is to allow <br />full compliance with th~ equitaole apportionment provisions <br />of ~eQ~a~ta_~L-W~Qml~~. 325 U.S. 569 (1945) and mOdified <br />January 14. 195J. Applicant has entered into a stipulation <br />with the Jackson County water Conservancy District due to <br />the uniqueness of said equitable apportionment decree in <br />that said decree defines th~ specific acreage that may be <br />placaa under irrigation. This stipulation establisnes no <br />general prinCiple or precedent with respect to any other <br />interstate stream. <br /> <br />The Coloraao River Water Conservation District also <br />timely filed a statement of opposition and subsequently with- <br />drew said opposition. <br /> <br />-2- <br /> <br />.' <br />