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<br /> <br />. <br /> <br />I <br /> <br />Ie <br /> <br />.. <br /> <br />9-, 3-0 1 ; 10: 26AM; T I ENKEN HILL, LLP <br /> <br />:303 926 0853 <br /> <br /># 6/ 14 <br /> <br />12. The volume of firm yield water committed to existing <br />decreed and currently pending plans for augmentation is summarized <br />in Exhibit "D" to Attachment "1." Future decrees approving plans <br />for augmentation which utilize MMRC augmentation and replacement <br />water shall contain a revised version of Exhibit "D" as an <br />attachment so that the State water administration officials and <br />others can ensure that there is never an overcommitment of <br />available augmentation and'replacement water, <br /> <br />13. The CWCB agrees with MMRC and Buffalo Park that to the <br />extent cumulative depletions associated with water diversions by <br />MMRC shareholders in the Bear Creek and Turkey Creek drainage <br />basins under water rights haVing priority dates junior to the <br />CWCB's instream flow priority dates are less than one percent (1%) <br />of the instream flow water right awarded to the CWCB in any <br />particular stream reach, such depletions are de minimis under Rule <br />9 of the Rules and RegulationlS Concerning the Colorado Instream <br />Flow and Natural Lake Level Program, and shall not be objected to <br />by the CWCB. This commitment shall apply to previously decreed, <br />currently pending and further plans for augmentation which utilize <br />MMRC water described in Paragraph No. 10, above, as the <br />augmentation and replacement so~rce. <br /> <br />14. The Opposers agree not to obj ect to the terms and <br />conditions under which the subject MMRC water rights are utilized <br />for augmentation and exchange purposes, as set forth in Paragraph <br />No. 4.1 of Attachment "I," or the firm yield determinations set <br />forth herein, in any previously decreed, pending or future plan <br />for augmentation cases. The Opposers acknowledge that Exhibit "D" <br />of Attachment "1" summari zes tne commitment of MMRC augmentation <br />and replacement water different~y than the decrees entered in Case <br />Nos. 94CW168, 95CW196, 95CW281, 95CW291, 96CWl03, 96CWl046, <br />97CW09l, 97CW280, 97CW28l, 97CW282, 97CW336, 97CW337, 97CW338, <br />97CW372, 98CW240, 98CW24l, 98C\N3l0 and 98CW3l1. Opposers agree <br />that Exhibit "D" to Attachment "1" represents the correct <br />commitment of the subject MMRC water rights to decreed plans, and <br />that the figures set forth in Exhibit "D" of Attachment "1" shall <br />control over any exhibits or findings in prior Decrees that may be <br />in conflict. Should MMRC seek amendment of any of the above <br />referenced Decrees to modify the language regarding the commitment <br />of the subject MMRC water rigl:1ts to the plan for augmentation <br />approved therein, Opposers shall not oppose the amendment. <br /> <br />15. MMRC agrees to incluoe in all pending and future plan <br />for augmentation decrees which utilize water supplied by MMRC as <br />the augmentation and replacement source, language Substantially <br />similar and having the same effect as that which appears in the <br />document attached as Attachment "3" to ensure consistency among <br />decrees. <br /> <br />16. All opposers, with the exception of the Bear Mountain <br />HOA, have reached agreement with Applicants on the form and <br />substance of a proposed decree for presentation to the Court in <br />Case No. 94CW290(B); provided, however, that by SO agreeing, <br /> <br />5 <br />