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. ~. . 1. CC&V agrees not to oppose .the ISF amounts for -Fourmile Creek listeq, in Exhibit A. 2.. CC&V agrees not to oppose an appropriation date of January 26, 2000 for the ISF amounts listed in Exhibit A. Upon approval of this Stipulation, CC&V agrees to withdraw its objection to the Fourmile Creek ISF appropriations currently pending before the CWCB, and agrees that it will not enter statements of opposition to the CWCB's 2000 ISF water rights applicati~ns o~ Fourmile Creek or object to the entry of a decree for those ISFwater rights which incorporates this Stipulatio,n. 3. The CWCB agrees to fully recognize CC&V's approp,riative right of exchange as described in the application for Case No. 98CW115, Water Divisiqn 2 (attached hereto as Exhibit B) as being senior to the ISF amounts listed in Exhibit A and agrees .not to oppose ,that application or any application for the change of a senior ',water right to be moved up FOlirmile Creek utilizing the exchange capacity, or any , portion thereof, of CC&V's appropriative right of exchange llmER CASE ~o. 98CW115. Notwithstanding the above, in any such senior water right ching~ proceeding; the CWGB may challenge the amount of water CC&V claims to:have been historically diverted and/or consumptively used under the senior water right. , A. CC&V agrees that, as..a protective term and condition, it will not exercise its appropriative rights of exchange as described in the application for Case. No. 98CW115, Water Division 2, hi. a'manner that would cause the flow in Fourmile 'Creek to fall below the applicable seasonal ISF amount for each streax,n segment listed, in Exhibit A during the period of October IS-April 14. This protective term and condition shall not apply to CC&V's exchange during the period of April IS-October 14. The parties'agree that this protective term lj11d condition also does not apply to the release and re-diversion by CC& V of any water-it has .previously -. stored and then seeks to use at!any subsequent time, including during the period from October 15 through Apri114. CC&V agrees to attach and incorporate this, , Stipulation to/into the water rights decree in CaseNo. 98CWl1S. 5. The CWCB ag):ees that the terms of this Stipulation shall run with the'ISF rights listed in Exhibit A, and l;:WCB shall attach and incorpoi'itte this Stipulation to/into the water rights decree to be obtained for the Fourmile Creek IS1< water rights listed in Exhibit A. 6. This Stipulation constitutes the entire' agreement and understanding between the parties and supercedes any prior agreements or understandings related to the subject matter of this Stipulation. This Stipulation may be. moC\ified or amended Z\myflles\ejr\cc....smwr\strlpulatlon between CC&V and ewes , 2