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Well because said instream flows are subject to the uses of the water in existence on the date of appropriation. The Beaver Brook Residences Pond shaH be equipped with staff gage to measure storage and release amounts and a flow measuring device shall be installed below the Pond to measure release amounts. The outlet gate of the Beaver I3rook Residences Pond must be fully operational to the satisfaction of the Division Engineer prior to any diversions under this augmentation plan. Pursuant to Section 37-92-502(5)(a), C.R.S. (1998), Applicant shall, at its own expense, install, maintain such meters, gauges or other measuring device( s) as may be deemed necessary by the State or Division Engineer to allow administration of the terms of this Decree. The Board, the State and Division Engineers and their agents shall have access to such measuring devices at reasonable times in order to make readings therefrom. 2. Case No. 2-97CW31; Upper Arkansas Water Conservancy District & Salco Associates, L.L.P. . Case Summary The Board ratified the statement of opposition filed in this case at its September 22,23, 1997, meeting. This is an application for an exchange of water rights on the Lake Fork of the South Arkansas River, Middle Fork of the South Arkansas River, and the South Arkansas River near Salida in Chaffee County (see attached map). Applicants are requesting to exchange 1.0 cfs from the confluence of the South Arkansas River and the Arkansas River up to the Middle Fork of the South Arkansas River and then up to Boss Lake and Donnell Reservoirs Nos. I and 2 located on the Lake Fork of the South Arkansas River. The appropriation dates for Boss Lake and the Donnell Reservoirs are May 20, 1893 and July 19, 1889, respectively. Applicants propose to store water in . and then release water from Boss Lake and Donnell Reservoirs Nos. 1 and 2 in order to supplement the Upper Arkansas Water Conservancy District's storage under the general augmentation plan decreed in Case No. 2-92CW084. The Board holds an instream flow right on the Middle Fork of the South Arkansas River for 5.0 cfs with an appropriation date of March 14, 1979, which could be injured by this application. Stipulation Applicants have agreed to the following terms and conditions, which will provide full protection for the Board's insrream flow water rights on the Middle Fork of the South Arkansas River. . Applicants shall curtail the exchanges proposed in this application, including diversions and storage of water from the Middle Fork of the South Arkansas River at times when the CWCB's instream flow water right on the Middle Fork of the South Arkansas River is not being satisfied. . Any decree entered in this case shall not be interpreted or implied to preclude the Board by res adjudicata, or otherwise, from objecting to and litigating claims of appropriation date, priority date, and/or whether the appropriation of an exchange has been made, in any pending or future application by Applicants for rights of exchange other than those claimed in this case. .