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<br />. <br /> <br />5. Coors has a plan and intention to change a portion of <br />its Straight Creek Unit water right described in paragraph 3 <br />above to permit Coors to divert an additional cfs of the <br />Straight Creek Unit water right at the upstream location on <br />Straight Creek of the Straight Creek Tunnel. <br /> <br />6. The Board and Coors wish to resolve their differences <br />pursuant to this agreement, and the Board and Coors have reached <br />an agreement which will permit the Board to seek a decree for its <br />Straight Creek instream flow right without opposition from Coors <br />while also enabling Coors to transfer a portion of its Straight <br />Creek unit water right as contemplated herein during certain <br />periods of the year. <br /> <br />Agreements <br /> <br />NOW, THEREFORE, in consideration of the foregoing recitals <br />and of the mutual covenants hereinafter set forth, the Board and <br />Coors agree as follows: <br /> <br />. <br /> <br />1. Any decrees entered by the Water Court in Case No. <br />85CW648 and for any future applications which the Board may file <br />with the Water Court for adjudication of instream flow rights on <br />Straight Creek shall provide that the Board's Straight Creek in- <br />stream flow rights shall not be used as a basis to oppose, shall <br />not prevent the operation of, will not be injured by, and need <br />not be protected from injury in connection with exercise of <br />Coors' water rights described in paragraph 3 of the foregoing <br />Recitals, including exercise of an additional cfs of diver- <br />sion at the Straight Creek Tunnel pursuant to a change of water <br />right approved by the Water Court provided that cfs will <br />remain in the stream at all times as measured by-a-gage to be <br />installed by Coors (location to be determined). <br /> <br />2. The Board shall amend its application in Case No. <br />85CW648 to provide that the lower terminus of its instream flow <br />right to be adjudicated in that case does not extend downstream <br />from the presently decreed point of diversion for Coors' Straight <br />Creek Unit water right. <br /> <br />3. The Board shall not file any statements of opposition <br />to or otherwise oppose or attempt to prevent the granting of any <br />applications filed in the Water Court by Coors to obtain judicial <br />approval of the change of water right described herein concerning <br /> <br />. <br /> <br />-2- <br />