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<br />Glerunoor Country Club, Inc. <br />Case No. 95 CW 198A <br />Page 9 <br /> <br />A. Out-of-priority diversions under this plan are subject to curtailment by the <br />State Engineer if the amount of such diversions is not being replaced in a manner which prevents <br />injury to vested water rights. C.R.S. g37-92-305(8). <br /> <br />B. Glerunoor shall maintain and install such measuring devices as are needed in <br />order to accurately measure its diversions on Greenwood Gulch. <br /> <br />C. Glenmoor shall prepare and submit to the Division Engineer accounting <br />records on forms approved by the Division Engineer to separately track diversions pursuant to its <br />existing decreed water rights and conditional rights, and those diversions and storage made pursuant <br />to this plan of augmentation, substitution and exchange, <br /> <br />D. 1bis Judgment and Decree is subject to the terms of a Settlement Agreement <br />between Glenmoor and the Cherry Hills Country Club in Case No. 91 CWll 0, which is attached <br />hereto as Exhibit D and is incorpo!'ited herein by this reference. <br /> <br />E. 1bis Judgment and Decree is subject to a Stipulation between Glenmoor and <br />the Colorado Water ConserVation Board, which is attached hereto as Exhibit E and incorporated <br />herein by this reference, including, without limitation, the following provisions: <br /> <br />(1) At times when the Board's Little Dry Creek instream flow water right <br />is not being satisfied as measured at the downstream terminus of that water right and the Cherry Hills <br />Country Club is lawfully di'(erting makinQ: a phvsical diversion of the entire flow of Greenwood <br />Gulch to Little Dry Creek through the Hole 18 Pipeline, Glerunoor will limit its exchange of <br />replacement water leased from Denver up Greenwood Gulch to the amount of inflow in the <br />Greenwood Gulch drainage above the most downstream outlet of the existing Glerunoor Ponds. <br />Such inflow shall include calculated inflow into the Glerunoor Ponds pursuant to the decree~ to be <br />entered in Case No~, 95CW198A and 95CW198B. <br /> <br />(2) ~lenmoor will install. operate and maintain at its own expense such <br />measuring devices as the Division Engineer mav require for administration of the water rights <br />decreed in Case Nos, 95CW198A and 95CW198B, Glenmoor will install. operate and maintain at <br />its own expense such measuring devices as are deemed necessarY to determine the inflow into the <br />Glenmoor Po"rids, Tn addition. Glenmoorwill keep such records as are required bv the State and <br />Division Engineers' Office to administer the terms of this stipulation. Glenmoor shall account for <br /> <br />9 <br />