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<br />.., <br /> <br />. ., <br />" <br /> <br />.. <br />. <br /> <br />.- <br />. . <br /> <br />to the ~ater rights for the str~an segments liste~ in appen- <br />dix A of this stipulation and a9r~ement in the former wa~er <br />~istrict ZO in Water ~ivision NO. 3 approved by the board <br />at its Au~ust lb. 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 water available for use in Colora~o <br />u,der the Rio Grande Comp~ct. For the purposes of this <br />stipulation the term "pre-compact reservoir" shall refer to <br />a reservoir constructed before 1936. Subordination shall <br />mean that the board's w~ter rignt shall be treated as junior <br />to the practices specified hereun~er and shall not be used <br />by the bDarj to callout or other_ise object in any adminis- <br />trative or judicial proceeding to the follawing: <br /> <br />a. P~rsuant to C.R.S. 1973. 37-92-10Z(3)(0). <br />all present uses and exchanges established as of Au~ust lb. <br />1982 including, by way of example, the practiee of usin3 <br />preconpact reservoirs tv hold w)ter which other~ise contrih- <br />Jte to an aver delivery to ~e~ ~exico or Texas Jnder the com- <br />paet. <br /> <br />b. Futur~ ~xchanJes and storage of native <br />~at~r i, anj among precompact reservoirs. <br /> <br />c. Future chanje~ of direct flow water rights <br />of the nembers of the Water Users to prDvi~e for storage in <br />precompact reservoirs. includin~ those in the applications <br />pendi,y in ~ase 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 />II storage of such water rights shall <br />occ~r anly ~hen 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 />2) al the (lowrof the Rio Grande mea- <br />sJred at the Oel Norte gauging station is above 1.000 c.f.s. <br />dJring all times when such exchange and storage is occurring; <br />or <br /> <br />bl ~hen the flo~ of the Rio Grande <br />measured at the Del Norte g~uging station is below 1000 <br />c.f.s. and the proposed exchange and storage would. not reduce <br />the anount of water available to satisfy any water right <br />claimed in appendix A; and <br /> <br />3) comply with all applicable legal <br />requirenents and obtain any applicable approvals necessary <br /> <br />-2~ <br />