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<br />" <br /> <br />., <br />" <br /> <br />. <br /> <br />.0 <br /> <br />.. <br /> <br />'# <br /> <br />to the .ater rights for the str~a~ segments liste~ in appen- <br />dix A of this stipulation and agr~ement in the former wa~er <br />~istrict ZO in Water Division No.3 approved by the board <br />at its Au~ust 16. 1982 board meeting. <br /> <br />z. 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 wat~r available for use in Colora~o <br />u~der the Rio ~rande Compact. For the purposes of this <br />stipulation the term "pre-compact reservoir" shall refer to <br />a reservoir constructed before 1938. Subordination shall <br />mean that the board's ~3ter right.shall be treated as junior <br />to the practices specified hereunder and s~all not be used <br />by the board to callout or other~ise obje:t in any adminis- <br />trative or judicial proceeding to the follnwing: <br /> <br />a. P~rsuant to C.R.S. 1973. 37-9Z-10Z(3)(b). <br />all present uses and exchanges established as of AU~ust 16. <br />1982 including. by way of example. the practice of usin] <br />preco~pact reservoirs to hold w~ter which Otherwise contrih- <br />~te tn an over delivery to ~e. ~exico or Texas ~nder the cam- <br />pac t. - <br /> <br />b. Futur~ exchan,les and storage of native I <br />water i~ a~d among precompactr~servoirs. <br /> <br />c. Future chanJc$ nf direct flow water rights <br />~f the nem~ers of the Water UserS to provide for storage in <br />precompact reservoirs, includin~ those in the applic8tions <br />penji~~ in Case Nos. ~-3979 and W-3980 in DiviSion 3. pro- <br />vided that the follOWing conditio,s will be met before SUb- <br />ordination OCcurs: <br /> <br />I <br />l. ~ <br /> <br />1) storage of such water rights shall <br />OCc~r only when 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 />Z) a) the (low(of the Rio Grande mea- <br />s~red at the Oel 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 />b) when 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 a~ount 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 nbtain any applicable approvals necessary <br /> <br />,{ <br /> <br />-2- <br />