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4. The District has applied for approval of a proposed exchange of water in Case No. 87-CW-303, whereby water would be provided to Clear Creek from alternative sources in exchange for continued diversion of water, under existing decrees, from Beaver Brook into the Upper Beaver Brook Reservoir and/or the Beaver Brook Reservoir; and/or water diverted from North Beaver Brook through the Beaver Brook Pipeline as described in the said application. 5. The CWCB hereby agrees that the minimum instream flow appropriations on Beaver Brook described in paragraphs 1, 2, and 3, above, are subordinate to the District's right to operate the proposed exchange described in the application filed in Case No. 87-CW-303 without regard to the priority dates that may ultimately be decreed in Case Nos. 87-CW-272 and 87-CW-303; subject to the District's agreement contained in paragraph 6, below. 6. At any time during the period April 16 through July 31 when flows in the Upper Segment are less than 0.5 c.f.s., or at any time during the period August 1 through April 15 when flows in the upper segment are less than 0.25 c.f.s., the District shall bypass at the District's Beaver Brook Pipeline on North Beaver Brook, as much water as is required, up to the natural flow of North Beaver Brook at the said Pipeline, to satisfy the applicable instream flow.on the Upper Segment. Such bypass may require a complete cessation of all diversions by the District from North Beaver Brook if such is necessary to partially or fully satisfy the applicable instream flow. This requirement shall apply to the District's right to divert water from North Beaver Brook under the exchange proposed in Case No. 87-CW-303, District Court, Water Division 1 and to the District's right to divert water under any other water right owned or controlled by the District having a point of diversion on North Beaver Brook, including the water right decreed to the Beaver Brook Pipeline by the District Court, City and County of Denver in Case No. 60052 on May 13, 1936. This paragraph shall not apply to any of the District's water rights having a point of diversion on Beaver Brook (a/k/a South Beaver Brook). Prior to enforcement of the bypass described above, the CWCB shall install and maintain flow measuring devices on the upper Segment acceptable to the Division Engineer to enable the Division Engineer to enforce the provisions of this Stipulation. 7. This stipulation will be filed with the Court with the request of both parties that it be approved and adopted by the Court and incorporated into any decree(s) entered in the above- captioned cases. 8. Within seven days after execution of this Stipulation and Agreement, the District shall move to withdraw its Statement 2