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<br />'- <br /> <br />.- <br /> <br />. <br /> <br />to the water rights for the strean segments liste~ in appen- <br />dix A of this stipulation and a~reement in the former wa~er <br />~istrict ZO in ~ater Division No. 3 approved by the board <br />at its Au~ust 16, 1982 board meeting. <br /> <br />2. The board agrees to subordinate the water rights <br />for the stream,egments 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 Colorado <br />u1der the Rio Grande Compact. For the purposes of tnis <br />stipulation the term "pre-compact reservoir~ shall refer to <br />a reservoir constructed before 1938. Subordination shall <br />m~an that the board's w~ter right shall be treated as junior <br />to the practices specified hereun~er and shall not be used <br />by the boar~ to callout or other~ise object in any adminis- <br />trative or judicial proceeding to the follawing: <br /> <br />a. P~rsuant to C.R.S. 1973. 37-92-102l3Ilbl' <br />all present uses and exchanges established as of Au~ust 16. <br />198Z including, by way of example, the practice of usin9 <br />'preconpact re.ervoirs ta hold water which otherwise contrib- <br />~te t~ an over delivery to ~ew ~exico or Texas ~nder the com- <br />pact. <br /> <br />b. Future ~xchan~es and storage of native <br />water i1 an~ among precompact reservoirs. <br /> <br />c. Future ChanJCs of direct flow water rights <br />~f the n~mbers of the Water Users to provide for storage in <br />precompact reservoirs. including those in the applications <br />pendi1g in Case Nos. W-3979 and W-3980 in Division 3. pro- <br />vided that the following conditio,s will b~ met,before sub- <br />ordination occurs: <br /> <br />II storage of such water rights shall <br />occ~r only .hen the water is lawf~lly in priority and physi- <br />cally available at its decreed direct flow pOint of diver- <br />sion: and <br /> <br />Zl al the flowrof 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 />~ <br /> <br />bl when the flow of the Rio Grande <br />measured at the Del Norte gauging sta~ion is below 1000 <br />c.r.s. and the proposed exchange and storage would, not reduce <br />the amount of water available to satisfy any water right <br />claimed in appendix A: and <br /> <br />31 comply with all applicable legal <br />requirenents and obtain any applicable approvals necessary <br /> <br />~ <br /> <br />-2- <br />