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<br />.!~:...l...:. <br /> <br />..-' ,.. <br /> <br />. <br /> <br />. <br /> <br />is .ade part of and incorporated into this order and decree. <br />the terms of which are as follows: <br /> <br />1. Appl i cant agrees to subord i nate the ..ater .r i ghts <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 so long <br />as said water right ..ill not cause more than 145.000 acres <br />to be placed under irrigation 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 JO of the following year. The applicant is not <br />bound by this stipulation if said ..ater 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 be subject to the terms of this stipulation. <br /> <br />3. Applicant does not waive its right to use the <br />..ater right herein as a basis to object to ahY water right <br />appl ication. 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 witn the equitable apportionment provisions <br />of ~eQLa~K~_~&_aXQmio~. j~5 U.S. 589 (1945) and modified <br />January 14, 1953. 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 the specific acreage that may be <br />placed under irrigation. This stipulation establishe~ no <br />general principle or precedent ~ith respect to any other <br />interstate stream. <br /> <br />The ColoradO River water Conservation District also <br />timely filed a statement of opposition and suDsequently with- <br />dre.. saio opposition. <br /> <br />-2- <br />