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<br />, <br /> <br />. <br /> <br />. <br /> <br />{ <br /> <br />is made part of and incorporated into this order and decree, <br />the terms 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 not cause more than 145,000 acres <br />to be placed und~r irri9ation in Jackson County or caUSe <br />More than 17,000 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 />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 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 the equitable apportionment provisions <br />of ~~bra~~a_X~_W~gmlD~' 325 U.S. 5B9 (1945) and mOdified <br />January 14, 1953. Applicant has entered into a stipulation <br />with thw Jackson County Water Conservancy District due to <br />the uniqueness of said equitable apportionment decree in <br />that said decree defines the specific acreage that may be <br />placea under irrigation. This stipulation estacli$hes no <br />general principle or pr&cedeot ~jth 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 with- <br />drew said opposition. <br /> <br />-2- <br />