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<br />. <br /> <br />. <br /> <br />. <br /> <br />Intergovernmental Agreement <br />May 15, 1991 <br />Page 3 <br /> <br />consideration, the receipt of which is hereby acknowledged, the <br /> <br />parties hereby agree as follows: <br />1. Arapahoe agrees not to interfere with and to fully <br /> <br />recognize existing CWCB minimum stream flows which are senior to <br /> <br />Arapahoe's claimed water rights in any and all of the tributaries <br /> <br />in which Arapahoe will have facilities for its Union Park <br /> <br />Reservoir Project other than areas which must necessarily be <br />inundated in the course of construction and operation of said <br /> <br />project. <br /> <br />2. Arapahoe will subordinate to existing decreed CWCB <br /> <br />minimum stream flows which-are junior to Arapahoe'S conditional <br />water right decreed in Case No. 82CW340, and CWCB's currently <br />existing minimum stream flows which would be junior to Arapahoe's <br /> <br />pending Applications in Case Nos. 86CW226 and 88CW178. The <br />minimum stream flows which are subject to this paragraph 2 are <br /> <br />referenced in Exhibit 1 which is attached hereto and incorporated <br /> <br />by reference herein. <br /> <br />3. In addition, Arapahoe will obtain, or assist CWCB, at <br /> <br />Arapahoe's expense, in obtaining 3-1/2 miles of public stream <br /> <br />front access on the Taylor or East Rivers, or tributaries <br /> <br />thereto, to mit~gate the 3-1/2 miles of CWCB's instream flow <br /> <br />right on Lottis Creek which will be inundated by the Union Park <br /> <br />Reservoir. In the event that the above referenced stipulation in <br /> <br />arap178\stlps\cvcb$ <br />