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84CW270 La Plata River Colorado Water Conservation Board reached a stipulation which would allow the Board to proceed with its application. A copy of said stipulation is attached hereto as Exhibit A and incorporated herein by reference. Specifically, the Board and the District stipulated that: a. The Board will not f:'e a statement of opposi- tion to or protest any application filed on or before December 31, 1989 by the District that seeks approval of an exchange of water or alternative points of diversion in the La Plata River to points at or downstream of the La Plata River and Cherry Creek Ditch, including any facilities necessary to allow such exchange or alternative point of diversion, but only insofar as any such application claims a priority junior to that of the Board's in- stream flow water right awarded herein and only insofar as any such exchange or alternative point of diversion involves "Project Water." Furthermore, the Board will not protest, oppose, or otherwise object to any amendments to such an application so long as such amendments relate back to the original application and comply in all regards with this paragraph 4(a). For the purposes of the stipulation between the Board and the District, "Project Water" is defined exclusively as: 1) Water diverted from the Animas River and delivered to the La Plata River through the facilities of the Animas-La Plata Project and identifiable return flows therefrom; 2) Flows in the La Plata River currently supplying lands which will become full or supplemental service lands under the project through contract with the Animas-La Plata Water Conservancy District; or 3) Existing decreed project water rights in the La Plata River. b. The Board will subordinate up to 2 c.f.s. of the instream flow water right granted herein for periods from April I through October 31, and up to 1 c.f.s. of said instream flow water right for periods from November 1 through March 31 to any exchange or transfer made by the District pursuant to an adjudicated exchange plan or decree for alternative points of diversion that incorporates all of the provisions of paragraph 4(a) above. c. It shall be the District's responsibility to make all measurements and to keep all records necessary for the administration of all out-of-priority exchanges or transfers made pursuant to the stipulation entered into by the Board and Dis- trict herein, as required by the Office of the Division Engineer, and to provide such records to the Board on a regular basis. -2-