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<br />. <br /> <br />STIPULATION BETWEEN THE UNITED STATES AND TIlE <br />COLORADO WATER CONSERVATION BOARD <br />CONCERNING WATER RIGHTS ON SPRING CREEK <br /> <br />WHEREAS the United States has applied for water rights on Spring Creek located on the <br />Grand Mesa/Uncompaghre/Gunnison National Forests within Colorado's Water Division 4; such <br />application is now pending before the water court in case no. 99CW268 and the Colorado Water <br />Conservation Board, an agency of the State of Colorado (hereinafter Board) has filed a Statement <br />of Opposition to the application; <br /> <br />WHEREAS the Board has published notice of its intention to appropriate water on the <br />segment of Spring Creek addressed by the United Stats application that is the subject of case no, <br />99CW268, <br /> <br />THEREFORE, in the interests of the public, the Parties, and judicial economy and in <br />consideration of the terms and conditions set forth herein, the United States and the Board hereby <br />stipulate as follows: <br /> <br />1. Entry of Decrees. The United States and the Board stipulate to the water court . <br />entering an order approving the decrees attached hereto and incorporated herein as Exhibits A <br />andB. <br /> <br />A. United States Water Rights on Spring Creek. The Board stipulates to the <br />entry of a decree setting forth the United States' water rights on Spring Creek as <br />set forth in the decree attached hereto as Exhibit A. The United States agrees that <br />it shall not claim any additional water or water rights for instream flow purposes <br />on Spring Creek within the Grand MesalUncompahgre/Gunnison National Forest. <br /> <br />B. Board Water Rights on Spring Creek. The United States stipulates to the <br />entry of a decree setting forth the Board's water rights on Spring Creek as set forth <br />in the decree attached hereto as Exhibit B. <br /> <br />2. Board Obligations Regarding Spring Creek Instream Flow Rights. The <br />Board shall exercise, enforce, and protect its water rights, water, or interests in water on Spring <br />Creek in the following manner: <br /> <br />a. The Board shall take such action under state law, including requesting <br />administration by the State Engineer and the division engineer for Water Division 4 and initiating <br />water court proceedings, as may be necessary to fully exercise its water rights. Such water shall <br />be protected within the entire stream reach for which the appropriation is made, <br /> <br />EXIDBIT B <br /> <br />. <br />