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<br />, . <br />I;' <br /> <br />.- <br /> <br />~ <br /> <br />to the .ater rights for the strean segments liste~ in appen- <br />dix A of this stipulation and agreement in the former ..a.ter <br />~istrict 20 in Water Oivision No.3 approved by the board <br />at its Au~ust 16. 1982 board meeting. <br /> <br />z. The board agrees to subordinate the water rights <br />for the stream~e9ments listed in appendix A to certain prac. <br />tices of the ~ater users for the purpose of maximizing the <br />beneficial use of the water available for use in Colora~o <br />u1der the Rio Grande Compact. For the purposes of this <br />stipulation the term "pre-compact reservoir" Shall refer to <br />a reservoir constructed before 1936. Subordination shall <br />mean that the board's w3ter right shall be treated as junior <br />to the practices specified hereunder and Shall not be used <br />by the boarJ to callout or other.ise obje:t in any adminis- <br />trative or judicial proceeding to thefoll~wing: <br /> <br />a. P~rsuant to C.R.S. 1973. 37-~2-102(3)(b). <br />all present uses and eXChanges established as of Au~ust 16. <br />,1982 including. by way of example. the practice of usin~ <br />preconpact reservoirs to hold water which otherwise contrih- <br />~te to an over delivery to ~ew ~exico or Texas ~nder the com- <br />pact. <br /> <br />b. Future ~xchan:leS and storage of native \ <br />water i1 anJ among precompact reservoirs. <br /> <br />C. Future chanJcs of direct flow water rights <br />of the nembers of the Water Users to provide for storage in <br />precompact reservoirs. includin~ those in the applications <br />pendi1Y in Case Nos. ~-3979 and w-3980 in Division 3. pro- <br />vided that the follOWing conditio,s will be met before SUb- <br />ordination occurs: <br /> <br />1) storage of such water rights shall <br />Occ~r only when the water is lawfully in priority and physi- <br />cally available at its decreed direct flow p,oint of diver- <br />sion; and <br /> <br />2) a) the flow'of the Rio Grande mea- <br />s~red at the Del Norte gauging station is above 1.000 c.f.s. <br />d~ring all times when such exchange and storage is occurring; <br />or <br /> <br />b) when the flow of the Rio Grande <br />measureJ at the Del N~rte g3uging station is below 1000 <br />c.f.s. and the proposed exchange and storage would. not reduce <br />th. a~ount of water available to s3tisfy any water right <br />claimed in appendix A; and <br /> <br />3) comply with all applicable legal <br />require~ents and obtain any applicable approvals necessary <br /> <br />-2- <br />