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<br />.. <br /> <br />. <br /> <br />. <br /> <br />3. The point of measurement of the .5 c.f.s. will be <br />just above Sig Creek, near the western boundary of Durango's <br />property. <br /> <br />4. Durango will withdraw its Statements of Opposition <br />in Case Nos. 84CW278, 84CW28l, 87CW46, and 87CW55 in accor- <br />dance with this stipulation. <br /> <br />5. To the extent that Durango or its successors or <br />assigns files an application in the future for change of <br />water rights, substitution or exchange, or plan for augmen- <br />tation involving the water rights decreed in Case Nos. <br />81CW144, 81CWl48, W-434, W-435, 84CW123, 84CWl24, 84CWl25, <br />and 84CW202, utilizing those water rights or other water <br />rights purchased by Durango, for example, Animas/La Plata <br />water rights, the Board will not object thereto on the basis <br />of any minimum streamflows on Hermosa Creek or its tributar- <br />ies, including the East Fork of Hermosa Creek. <br /> <br />6. <br />accrue to <br />Creek. <br /> <br />All onsite return flows from the development will <br />the East Fork of Hermosa Creek upstream from Relay <br /> <br />7. The limits of such an exchange of senior water <br />rights upstream or any other exchange shall not exceed 300 <br />acre feet of water, which is inclusive within the total <br />projected use of 800 acre feet of diversion by Durango. <br /> <br />8. The 800 acre feet of water is a ten-year running <br />average with the total amount stored and/or diverted limited <br />to a maximum of l25% of the 800 acre feet during anyone <br />year. <br /> <br />9. Di versions for snowrnaking will not exceed sixty <br />(60) acre feet per month during the months of January and <br />February and ninety (90) acre feet per month during the <br />months of November and December each year. <br /> <br />lO. This stipulation is binding and enures to the <br />benefit of the parties, their successors and assigns. <br /> <br />- 2 - <br />