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<br />.:"Ji!,. <br /> <br />. <br /> <br />. <br /> <br />\1 <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 lon; as said water right continues to be <br />used for irrigation in Jackson County, ColoradO and so long <br />as said water rignt will 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 />S&ptember 30 of the following year. The applicant is not <br />bound br this stipulation if said water right is no longer <br />useo 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 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 />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 ~ebLa~Ka_X._~xQmiog, 325 U.S. 589 (19451 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 eQuitablQ apportionment decree in <br />that said decree defines th~ specific acreage that may be <br />placed under irrigation. This stipulation estaolishes no <br />general prinCiple or precedent with respect to any other <br />interstate stream. <br /> <br />Tne ColoradO River Water Conservation District also <br />timely filed a statQment of opposition and subsequently with- <br />dre~ said opposition. <br /> <br />-2- <br />