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1. CC&V agrees not to oppos~ the 1SF amounts for .Fourmile Creek listed, in EXhibit A. 2. , CC&V agrees not to oppose an apPJ:opriationdate of January 26,2000 for the 1SF amounts listed in Exhibit A. Upon approval of this Stipulation, CC& V agrees to withdraw its objection to the Fourmile Creek 1SF appropriations currently pending before the CWCB, and agrees thatit will not enter statements of opposition to the CWCB's 2000 1SF water rights applicati9us on, Fourmile Creek or object to the entry of a decree for those 1SF'water rights which incorporates this S#pulatio,n. 3. The CWCB agrees to fully recogn;ize CC&V's approp,riative right of exchange as described in the application for C,ase No. 98CW115, Water Divisiqn 2 (attached hereto as Exhibit B) as being senior to the 1SF 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 Forirmile Creek utilizing .the exchange capacity, or any , portion thereof, of CC&V's appropriative right of exchange UNDER CASE No. 98CW115. Notwithstanding fue above, in any such senior water right chi~gp proceeding; the CWc.:B may chal+enge the amount of water CC&V claims toJ1ave been historically divert~d and/or consumptively used under the senior water right. . '4. CC&V agrees that, as.a protective term and condition, it will ,not exercise its appropriative rights of excliange as described, in the application for Case. No. 98CW115, Water Division 2, ina'manner that would cause the flow in Fourmile 'Creek to fall below the applicable seasonal 1SF amount for each stream segment listed,in Exhibit A during the period of October l5-April14. This protective term and condition shall not apply to CC&V's exchange during the period of April l5-0ctober 14. The parties' agree that this protective term l\l1d condition also does not apply to the release and re-diversion by CC& V of any wateroit has ,previously stored and then seeks to use at !lny subsequent time, including during the period from October 15 through April, 14. CC&V agrees to attach and incorporate this, , Stipulation to/into the water rights decree in CaseNo. 98CW115. ' 5, The CWCB agrees that the terrp.s of this Stipulation shall run with the 1SF right~ listed in Exhibit A, and <':;WCB ishall attach and incorporate this Stipulation. to/into the water rights decree to be Qbtained for the Fourinile Creek 1St< water- rights listed in Exhibit A. 6. This Stipulation constitutes the entire' agreement and understanding between the parties and super cedes any prior agreements or understandings related to the subject matter of this Stipulation, This Stipulation may be mOdified or amended .' . 2\myfiles\eJr\ccvgmwr\strlpulatloll between CC&V and eweB 2