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<br />1, CC& V agrees not to oppose ,the ISF amounts for Fourmile Creek listed, in Exhibit
<br />A,
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<br />2, , CC&V agrees not to oppose an appropriation'date of January 26, 2000 for the ISF
<br />amounts listed in Exhibit A, Upon approval of this Stipulation, CC& V agrees to
<br />withdraw its objection to the Fourmile Creek ISF appropriations 'currently pending
<br />before the CWCB, and agrees that it will not enter statements of opposition to the
<br />CWCB's 2000 ISF water rights applicatipns on, Fourmile Creek or object to the
<br />entry of a decree for those ISFwatth rights which incorporates this S~ipulatio,n.
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<br />3, The CWCB agrees to fully recognize CC&V's approp,riative right of exchange as
<br />described in the application for Case No, 98CW115, Water Divisiqn 2 (attached
<br />hereto as Exhibit B) as being senior to the ISF amounts listed in Exhibit A and
<br />agrees ,not to oppose ,that application or any application for the change of a senior
<br />',water right to be moved up Fourmile Creek utilizing ,the exchange capacity, or any
<br />, portion thereof, of CC&V's apprppriative right of exchange inIDER CASE ~o.
<br />98CW115, Notwithstanding ilie f1bove, in any such senior water right chang~
<br />proceeding; the CWCB may chall~nge the amount of water CC&V claims to)1ave
<br />been historically diveIted and/or consumptively used under the senior water rig)1t,
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<br />, '4, CC&V agrees that, as.a protective term and condition, it will ,not exercise its
<br />appropriative rights of excliange as described. in the application for Case. No,
<br />98CW115, WateI Division 2, in $,'manner that would cause the flow in Fourmile
<br />'Creek to fall below the applicabl~ seasonal ISF amount for each stream segment
<br />listed,in Exhibit A during the peripd of October l5-April14. This protective term
<br />and condition shall not apply to: CC&V's exchange during the period of April
<br />IS-October 14, The parties' agree that this protective term l\lld condition also does
<br />not apply to the release and re-diversion by CC& V of any watel"it has ,previously
<br />stored and then seeks to use at a.ny subsequent time, including during the period
<br />from October 15 through April 14, CC&V agrees to attach and incorporate this,
<br />. Stipulation to/into the water rights decree in Case No. 98CW115,
<br />: '
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<br />5. The CWCB agrees that the terms of this Stipulation shall run with the ISP rights
<br />listed in Exhibit A, a.nd CWCB Shall attach and incorporate this StipulatioTh to/into
<br />the water rights decree to be obtained for the Fourmile Creek ISF water' rights
<br />listed in Exhibit A,
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<br />6, This Stipulation constitutes the entire' agreement and understanding between the
<br />paIties and supercedes any piior agreements or understandings related to the
<br />subject matter of this Stipulati~n, This Stipulation may be, moQified or amended
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<br />2\myfiles\ejr\ccvgmwr\strlpulatlon between CC&V and eWeB
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