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<br />\.; <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />currently decreed points of diversion, injury may result to the instream flow rights of the <br />Board. <br /> <br />1.c.(5) To the extent that diversions at the upstream alternate <br />points at the Metcalf Ditch and/or the Raw Water Booster Pump point of diversion by <br />Applicants or their successors pursuant to the priorities described in paragraph 1.c.(1) above <br />would rl;m;ni~h the instream flows of the Eagle River below those specified in <br />paragraph 1.c.(2) above, the Applicants agree to refrain from diversions at the said upstream <br />point(s) of diversion but may divert said water at other decreed points of diversion, subject <br />to the terms of this Stipulation. <br /> <br />1.c.(6) The Board hereby acknowledges that with Applicants' <br />agreement to refrain from diversions attbe upstream Metcalf Ditch alternate point of <br />diversion and/or at the upstream Raw Water Booster Pump alternate point of diversion as <br />herein described, no injury will result to the instream flow decrees of the -Board and the <br />natural environment will be preserved to a reasonable degree. <br /> <br />1.c.(7) This Stipulation is intended to provide for terms and <br />conditions to allow the changes sought herein without injury to the Board's minimum stream <br />flow water rights and nothing herein shall constitute a subordination of any of the <br />Applicants' water rights described in paragraph 1.c.(1) above to any other water right <br /> <br />2. The Applicants agree to monitor flows in the Eagle River at the u.s.a.s. <br />gauge near Avon, Colorado to insure compliance with paragraphs lob. and 1.e. of this <br />Stipulation. <br /> <br />3. The Applicants agreed to provide copies of all draft decrees in this matter to <br />the Board through their counsel of record. <br /> <br />4. The Applicants shall maintain such records as deemed necessary by the <br />Division Engineer to administer this Stipulation and upon request shall make such records <br />available to the Colorado Water Conservation Board for inspection. <br /> <br />5. Upon ratification of this Stipulation by the Board, the Board agrees to <br />terminate its active participation in this matter, so long as the decree entered herein <br />contains the provisions set forth in paragraph 1 above. . <br /> <br />.3. <br />