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1. CC&V agrees not to oppose .the ISF: amounts for Fourmile Creek listed, in EXhibit P>. . , . 2. . CC&V agrees not to oppose an app~opriation'date of January 26, 2000 for the ISF amounts listed in Exhibit P>. Upon approval of this Stipulation, CC& V agrees to withdraw its objection to the FourmUe Creek ISF appropriations 'currently pending before the CWCB, and agrees that it will not enter statements of opposition to the CWCB's 2000ISF water rights applicati9ns on, Fourmile Creek or object to the entry of a decree for those ISFwater rights which incorporates this Stipulatio,n. 3. The CWCB agrees to fully recogn\ze CC&V's approp,riative right of exchange as described in the application for Case No. 98CW1l5; Water Divisiqn 2 (attached hereto as Exhibit B) as being senior to the ISF amounts listed in Exhibit A and agrees .not to oppose .that application or any application for the change of a senior '. water right to be moved up Folirmile Creek utilizing .the exchange capacity, or any . portion thereof, of CC&V's appropriative right of exchange UNDER CASE No. 98CW1l5. Notwithstanding tJie:above, in any such senior water right chan.g~ proceeding; the CWGB may chall~nge the amount of water CC&V claims tOJ.1ave been historically diverted and/or Gonsumptively used under the senior water right. , "4. CC&V agrees that, as.a protective term and condition, it will )lot exercise its appropriative rights of exchange as described, in the application for Case' No. 98CW1l5, Water Division 2, in a'manner that would cause the flow in Fourmile 'Creek to fall below the applicab~e seasonal ISF amount for each streaIr1 segment listed.in Exhibit P> during the pedod of October 15-P>prilI4. This protective term and condition shall not apply tq CC&V's exchange during the pe.riod of P>pril I5-0ctober 14. The parties' agree that this protective term !\nd condition also does. not apply to the release and re-diversion by CC& V of any wateroit has .previously stored and then seeks to use at any subsequent time, including during the period from October 15 through P>prilI4. CC&V agrees to attach and incorporate this. . Stipulation to/into the water rights decree in Case No. 98CW1l5. . 5. The CWCB agrees that the terrrl.s of this Stipulation shall run with the ISF rights listed in Exhibit P>, and C;;WCB $hall attach and mcorporate this Stipulation to/into the water rights decree to be obtained for the Fourmile Creek ISF water' rights listed in. Exhibit P>. 6. This Stipulation constitutes the entire' agreement and understanding between the parties and supercedes any p~ior agreements or understandings related to the subject matter of this Stipulatiqn. This Stipulation may be moqified or amended .' . 2\myfiles\ejr\ecvgmwr\&trlpulatlclIl between CC&.V and CWCB . 2