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<br />.<- <br /> <br />e-: <br /> <br />. <br /> <br />0, <br /> <br />to the "ater rights for the strean segments listed in appen- <br />di~ A of this stipulation and a~reement in the former water <br />~istriCt 20 in water ~ivision 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~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 Colorado <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 1938. Subor~ination shall <br />m~an that the board's w~ter 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 the follawing: <br /> <br />a. P~rsuant to C.R.S. 1973. 37-~Z-102(31(b). <br />all present uses and e~changes establiShed as of AU3ust lb. <br />1982 including. by way of example, the practice of usin3 <br />preconpact reiervoirs to hold water which otherwise contrih- <br />~te to an over delivery to ~ew ~exico or Texas ~nder the com- <br />p dC t. <br /> <br />b. Future ~xchan;es and storage of native I <br />water i1 anJ among precompact reservoirs. <br /> <br />C, Future chanje~ 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 applic~tions <br />pen~i1Y in Case Nos. w-3979 and W-3980 in Division 3. pro- <br />vided that the follOWing conditi01S will be met before sub- <br />ordination oCcurs: <br /> <br />1) stor~ge of such water rights shall <br />OCCJr only when the water is lawfJlly in priority and physi- <br />cally available at its decreed direct flow pOint of diver- <br />sion; and <br /> <br />2) a) the flowrof the Rio Grande mea- <br />sJred 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 />bl "hen the flow of the Rio Grande <br />measured at the Del Norte gauging station is below 1000 <br />c.f.s. and the proposed exchange and storage would_ not reduce <br />the anount of water available to satisfy any water right <br />claimed -in appendix A; and <br /> <br />3) comply with all applicable legal <br />requirements and obtain any applicable approvals necessary <br /> <br />~ <br />) <br /> <br />-2- <br />