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<br />- <br /> <br />-:- <br />\ <br /> <br />. <br /> <br />. <br /> <br />'. <br />; <br /> <br />is .aoe part of and incorporated into this orlter and Itecree, <br />the tltr.s of ~hich are as follows: <br /> <br />1. Applicant agrees to suborltinate 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 so long <br />as said water right will not cause more than 145,000 acres <br />to De ~laced under irrigation in Jackson County or cause <br />more than 17,000 acre-feet of water to be store" 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 JJ of the following year. The applicant is not <br />boun" by this stipulation if said water right is no longer <br />used 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 ~aive its right to use the <br />water right h~r~in as a basis to Object to any water right <br />application, plan for augmentation, e.change, 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 ~ebLaaka_~a_WxgmlQQ' ~25 U.S. 5a9 (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 eq~itable apportionment decree in <br />that said Itecree Itefine~ the specific acreage that may be <br />placea under irrigation. This 5tip~lation 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 with- <br />drew said OPPOSition. <br /> <br />-2'" <br /> <br />.' <br />