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If. '.... Proposed Terms and Conditions I, The flow in Yellowjacket Canyon Creek is primarily the result of return flows from transbasin diversions from the Dolores River by Montezuma Valley Irrigation Company and its shareholders (MVIC) and Dolores Water Conservancy District (DWCD), Based upon this fact, the CWCB has agreed that this ISF water right, based mainly upon water imported from another basin by other appropriators, shall not, as against the appropriator( s) of such imported water or the appropriators' successor( s) in interest, constitute a claim for any purpose whatsoever. Consequently, while the CWCB may use water resulting from these MVIC and DWCD transbasin diversions to preserve the natural environment to a reasonable degree, the CWCB shall not be entitled to place a call against the transbasin water or to assert injury to the ISF water right if an application is filed for any type of change to these transbasin diversion water rights by either entity, . 2. The CWCB shall not claim injury to the ISF water right resulting from any historic or future use of transbasin water by MVIC. MVIC shall be entitled to utilize its transbasin diversion to extinction and has no obligation whatsoever to provide flows for the ISF water right. Therefore, MVIC is entitled to change its use of the transbasin water in any manner, with no obligation to the ISF water right. 3, The CWCB shall not claim injury to the ISF water right resulting from any historic or future use of transbasin water by DWCD. DWCD and/or the V,S, Bureau of Reclamation, as the contracts between these two entities allow, shall be entitled to utilize the transbasin water to extinction, Neither entity has any obligation whatsoever to provide flows for the ISF water right. DWCD may change its transbasin water in any manner, with no obligation to the ISF water right. . 4, The downstream terminus of the ISF reach shall be at a point to be determined that is 200 feet upstream of the Ismay Ditch's actual or decreed point of diversion, whichever is further upstream, 5. The upstream terminus of the ISF reach shall be at the confluence of Yellow Jacket Canyon Creek and Dawson Draw, 6, The owner of a senior decreed water right located within the ISF reach shall be allowed to move the point of diversion of such water right upstream or downstream on contiguous property owned by the water right owner as of the date the Board appropriated this ISF water right. Such senior water rights can be used in any manner on the contiguous property which is consistent with the rights' decreed uses, provided that diversions do not exceed the historic maximum diversion rate and volume, 7. In an application for any type of proposed change of a senior absolute water right located upstream of this ISF water right, the CWCB may file a Statement of Opposition but shall stipulate to the entry of a decree iu such case if the proposed change does not increase the historic consumptive use and does not increase the impact to this ISF water right. .