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<br />FROM:n"tu,.,,1 <br /> <br />TO: <br /> <br />3a3 866 4474 <br /> <br />~PR 22. 1993 4:a4PM ~494 p.a6 <br /> <br />t <br /> <br />e <br /> <br />of diversion under the Diamond Bar Tee No. 3 Ditch's decreed <br />rights. <br /> <br />b. To adequately administer the diversions of <br />water by the Diamond Bar Tee No. 3 Ditch requested in this <br />litigation, the Applicants agree to install and maintain, at <br />their own expense, such measuring device(s) at the locations <br />deemed necessary by the state Engineer. The Board, its agent(s), <br />and/or the state Engineer shall have access to such measuring <br />device(s) at reasonable times in order to make readings there- <br />from. <br /> <br />c. The Applicants' request for an alternate point <br />of diversion and construction of a new ditch which diverts from <br />the south fork of Ranch Creek into Ranch Creek is for the purpose <br />of providing water for diversion at the old point of diversion of <br />Diamond Bar Tee No. 2 Ditch to irrigate only up to 100 acres of <br />land located in the W1/2, SE 1/4; El/2, SW1/4; SW1/4, NE1/4 and <br />SEl/4, NWl/4 all in Section 15, Township 1 South, Range 75 West, <br />6th P.M. <br /> <br />d. Applicants no longer own or control the Diamond <br />Bar Tee No. 2 Ditch water right and thus will not through this <br />case or otherwise make any future diversions of water from Ranch <br />Creek under the priority of the Diamond Bar Tee No. 2 Ditch de- <br />cree. <br /> <br />e <br /> <br />5. Applicants shall provide the Board with a copy of any <br />proposed decree to be submitted to the Court in this case. The <br />Board shall not oppose any such decree that is consistent with <br />the terms and conditions contained herein and that does not <br />interfere with or affect the Board's rights in any way. In the <br />event that this matter is tried, the Applicants agree to seek a <br />decree with terms no less protective of the Board's rights than <br />the decree described in paragraph 4 above. Furthermore, the <br />Board shall remain a party to this case until a final decree is <br />entered with acceptable terms. <br /> <br />6. This stipulation shall be binding upon the parties, <br />their successors and assigns. <br /> <br />Dated this day of April, 1993. <br /> <br />DELANEY' BALCOMB, P.C. <br /> <br />: I <br /> <br />I <br /> <br />I <br /> <br />By <br />SCOTT BALCOMB #1376 <br />-2- <br /> <br />e <br /> <br />! <br />