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<br />3. Deliveries of augmentation water from Steamboat Lake decreed for such use in <br />Case No. 95CWl63 shall be assessed transit losses between Steamboat Lake and the place of use as <br />determined by the Division Engineer. <br /> <br />4. The decree in Case No. 95CW163 shall not establish any precedent regarding the <br />water right decreed in Case No. 90CWOl, including the historic use of said water right. <br /> <br />5. Applicant shall have the right to release and beneficially use no more 3,155 acre-feet <br />of refill water in any single water year for the uses described in paragraph five (5) of the Decree in <br />Case No. 95CW163. <br /> <br />6. Refill water decreed herein may also be used for instream flows to preserve the <br />natural environment to a reasonable degree, provided that such additional use will be made and <br />controlled only by the CWCB and that the cumulative amount released during anyone water <br />year comprised of refill water, water released pursuant to the decree in Case No. 95CWl50 <br />("enlargement water"), or a combination of refill and enlargement water does not exceed 3,155 <br />acre-feet. <br /> <br />7. This Stipulation and Agreement shall be filed in Case No. 95CW163, and shall be <br />effective upon the Court's entry of an order in that case approving this Stipulation and Agreement. <br /> <br />EXECUTED this <br /> <br />~ <br />21 dayof~.:.:r.> \- <br /> <br />1997. <br /> <br />GALE A. NORTON <br />Attorney General <br /> <br />MARTHA PHILLIPS ALLBRIGHT <br />Chief Deputy Attorney General <br /> <br />RICHARD A. WESTFALL <br />Solicitor General <br /> <br />JOSEPH C. SMITH, JR. <br />Deputy Attorney General <br /> <br />LEE E. MILLER <br />First Assistant Attorney General <br /> <br />2 <br />