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<br />SENT BY: S S R & 0 <br /> <br />4-23-93 15:45 <br /> <br />... <br /> <br />303 666 1.47.4:/$ 2 <br /> <br />0.10 acr~-feet per month. <br />through March, no portion <br />pursuant to this plan for <br /> <br />During the months of October <br />of the water diverted <br />augmentation may be stored. <br /> <br />. <br /> <br />3. Water diverted pursuant to this plan for <br />augmentation shall not be used for snowmaking purposes <br />either directly, by exchange, or by delivery through a <br />municipal or domestic system. <br /> <br />5. Applicant 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. In the event this <br />matter is tried, the Applicant agrees to seek a decree with terms <br />no less protective of the Board's rights than the decree <br />. described in paragraph 4 above. <br /> <br />6. This stipulation shall be binding on the parties, their <br />successors and assigns. <br /> <br />7. The Applicant's plan for augmentation provides for <br />replacement water to prevent injury to water users below Dillon <br />Reservoir. However the Applicant's plan for augmentation does <br />not provide replacement water for the depletions which these <br />wells will cause to the Blue River upstream from Dillon Reservoir <br />during the period May 1 through September 15. Therefore, at any <br />time the Colorado Water Conservation Board or the State Engineer . <br />determines that streamflow in the Blue River is not sufficient to <br />satisfy the instream flow right decreed to the Board in Case No. <br />86CW217, the state Engineer may require the applicant to curtail <br />all diversions from these wells or provide a 8ufficient amount of <br />replacement water at the point of depletion or sucn other <br />location that will adequately protect such instream flow rights. <br /> <br />Dated this -;'jA.~day of April, 1993. <br /> <br />SAUNDERS, SNYDER, ROSS <br />& DICKSON, P.C. <br /> <br />HOlIY~~ <br />5\07 17~;: ~~~~t, Suite 3500 <br />Denver, Colorado 80202 <br />(303) 292-6600 <br />ATTORNEYS FOR APPLICANT <br /> <br />e <br /> <br />-2- <br />