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<br />. <br /> <br />Intergovernmental Agreement <br />May 15, 1991 <br />Page 2 <br /> <br />including a decree on Lottis Creek for 5.0 cfs, as decreed in <br /> <br />Case No. 83CW227; and <br /> <br />WHEREAS, Arapahoe is currently subject to a Stipulation in <br /> <br />Case No. 82CW340 which generally requires a standard stabilized <br /> <br />flow in Lottis Creek of 10 cfs with variation in the range of <br /> <br />8 cfs - 12 cfs; and <br /> <br />WHEREAS, CWCB has filed a Statement of Opposition to protect <br /> <br />its minimum stream flows in Case Nos. 86CW226 and 88CW178; and <br /> <br />WHEREAS, the Union Park Reservoir, when constructed, will <br /> <br />inundate a portion of CWCB's minimum stream flow on Lottis Creek <br /> <br />which inundation will occur as a result of a conditional water <br /> <br />. right which is senior to CWCB's minimum stream flows up to the <br />325,000 acre foot level, and water rights which are junior to <br /> <br />CWCB minimum stream flows for the proposed enlargement up to <br /> <br />900,000 acre feet; and <br />WHEREAS, the total length of the Lottis Creek minimum stream <br />flow which would be inundated is conclusively agreed for purposes <br />hereof to be approximately 3-1/2 miles; and <br /> <br />WHEREAS, Arapahoe and CWCB desire to settle their concerns <br /> <br />in this litigation. <br /> <br />NOW, THEREFORE, in consideration of the mutual promises and <br /> <br />benefits herein expresses, and for other good and valuable <br /> <br />. <br /> <br />arap178\stips\cvcb$ <br />