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<br />. <br /> <br />Agreement <br /> <br />This Agreement, dated and made this day of October <br />1988, is made between the Colorado Water Conservation Board, a <br />division of the Colorado Department of Natural Resources (the <br />"Board") and Adolph Coors Company, a Colorado corporation <br />("Coors"). <br /> <br />Recitals <br /> <br />1. The Board is vested with the authority under C.R.S. S <br />37-92-102(3) to appropriate such waters of natural streams as may <br />be required for minimum stream flows to preserve the natural <br />environment to a reasonable degree. <br /> <br />. <br /> <br />2. The Board has made application with the District <br />Court in and for Water Division No.5, State of Colorado (the <br />"Water Court") in Case No. 85CW648 for an instream flow right on <br />Straight Creek, a tributary of the Blue River, located in Summit <br />County in an amount of 2.5 cubic feet of water per second of time <br />("cfs") from the headwaters of Straight Creek to the confluence <br />of Straight Creek and the Blue River. <br /> <br />3. Coors is the owner of water rights and related diver- <br />sion facilities, both constructed and proposed, located on <br />Straight Creek, which rights are described as follows: <br /> <br />A. Straight Creek Unit of the <br />Peru-Straight Creek Water Supply Project <br />("Straight Creek Unit") as decreed in Water <br />Court Case No. W-247 in the amount of 10 <br />cfs with date of appropriation of October <br />30, 1969. <br /> <br />B. Straight Creek Tunnel Drainage and <br />Effluent System ("Straight Creek Tunnel") <br />as decreed in Water Court Case No. W-211 <br />in the amount of 0.9 cfs with date of <br />appropriation of May 30, 1968. <br /> <br />4. Coors has filed a statement of opposition to the <br />application of the Board in Case no. 85CW648 opposing that appli- <br />. cation for instream flow appropriation. <br />