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1. CC& V agr'ees nQt to. QPPQse the ISF amQunts fQrFQurmile Creek listed, in EXhibit A. 2. CC&V agrees nQt to. opPQse an appropriatio.n'date o.fJanuary 26,2000 for the ISF. an1Qunts listed in Exhibit A. Upo.n appro.val of this Stipu1atiQn, CC&V agrees to. withdraw its QbjectiQn to the FQurmile Creek ISF appropriatiQns currently pending befQre the CWCB, and agrees that it will nQt enter statements- Qf QPposition to. the CWCB's 2000 ISF water rights applicati()us Qn, FQurmile Creek Qr cbject to. the entry Qf a decree fQr thQse ISF :water rights which incQrpo.rates this Stipulatic,n. 3. The CWCB agrees to. fully recQgnize CC&V's appro.priativeright cf exchange as described in the applicatiQn fQr Case No.. 98CW115, Water Divisiqn 2 (attached hereto. as Exhibit B) as being senicr to. the ISF amQunts listed in Exhibit A and agrees ,nQt to. QPPQse .that applicatian ar any applicaticn far the change af a seniar : water right to. be moved up Fcurmile Creek utilizing _the exchange capacity, ar any PQrtian thereQf, Qf CC&V's apprQpriative right Qf exchange UNDER CASE ~o. '98CW115. Notwithstanding the abave, in any such seniar water right chang~ praceeding; the CW<;:B may challenge the amaunt af water CC&V claims to:have been histQrically diverted and/ar cansumptive1y used under the senior water rig)J.t. , '4, CC&V agrees that, as ,_a pratective tenD. and conditian, it will.nat ex~rcise its apprapriative rights af exchange as described, in the application far Case. No. 98CW115, Water Division 2, in a.manner that WQuld cause the flaw in Faurmile .Creek to. fall be1Qw the applicable seasQnal ISF amQunt fQr each streaIll segment listed.in Exhibit A during the periQd of OctQber IS-April 14. This prQtective term and conditiQn shall nQt apply to. CC&V's exchange during the period af April I5-Octaber 14. The partieS-agree that this pratective term and canditian also. does nQt apply to. the release and re-diversian by CC& V o.f any ~ateroit has _previausly stared and then seeks to. use at any subsequent time, including during the periQd frQm OctQber 15 thrQugh Apri114. CC&V agrees to. attach and incarparate this- , Stipulatian tQ/intQ the water rights decree in Case No.. 98CW1l5. - 5. The CWCB ag):'ees that the terms afthis StipulatiQn shall run with the ISF rights listed in Exhibit A, and CWCB shall attach and mcarpQrate this Stipulatian.tc/inta the water rights decree to. be Qbtained fQr the FQurmile Creek ISF water rights listed in Exhibit A. 6. This Stipulatian cQnstitutes the entire' agreement and understanding between the parties and supercedes any prior agreements or understandings related to. the subject matter of this Stipulatian. This StipulatiQn may be_ mQcj.ified o.r amended 2\n1yfiles\ejr\ccvgmwr\.strlpulatlon between CC&V and eweB , 2