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<br />.. <br /> <br />.. <br /> <br />, <br /> <br />water aV8tlable for appropriations in the stream reaches <br />, between the decreed lower terminii, as described in Paragraph J <br />above, and the lower terminii as originally requested by the <br />subject applications to preserve the natural environment to a <br />reasonable deqree. <br /> <br />5. The Board agrees that any instream flow water rights <br />awarded herein on Willow Creek, Cottonwood Creek, or South <br />Crestone Creek shall be subject to the present uses of water <br />being made by American Water pursuant to the ranching and <br />irrigating practice in existence on the date of the Board's <br />appropriations, said practice being the measurement and <br />administration of American Water's rights at points upstream of <br />the decreed points of diversion. <br /> <br />6. With respect to North Crestone Creek: <br /> <br />a. The Board agrees that any future application <br />for an instream flow water right on that creek shall <br />specify an instream flow reach terminating at or <br />upstream of the current location of the measuring <br />flume installed on that creek by American Water. <br /> <br />b. American Water agrees that it will not object <br />to any application requesting or protest any <br />Referee's Ruling approving an instream flow water <br />right on North Crestone Creek that conforms with the <br />limitation contained in Paragraph 6.a above. <br /> <br />7. The Board agrees that any proposed decrees in these <br />cases shall incorporate the terms of paragraphs 3 through 5 <br />above. <br /> <br />8. American Water agrees that it will approve any <br />proposed decree in the above-captioned cases that contains <br />terms and conditions at least as restrictive on the Board as <br />those contained in Paragraphs 3 through 5 above. Upon American <br />Water's approval of any such decree, American Water will <br />withdraw its statement of opposition to the subject <br />application. <br /> <br />Dated: ~~ /~tf/O <br /> <br />~f:s~ <br /> <br />DAVID C. HALLFORD, 110510 <br />Saunders, Snyder, Ross <br />& Dickson, P.C. <br />707 17th Street, Suite 3500 <br />Denver, Colorado 80202 <br />(303) 292-6600 <br /> <br />Attorneys for American Water <br />Development, Inc. <br /> <br />5716.H <br /> <br />-2- <br />