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<br />" <br /> <br />~ <br /> <br />.- <br /> <br />. <br /> <br />to the ~ater rights for the strean segments listej in appen- <br />di~ A of tnis stipulation and a~r~ement in the former wa~er <br />jistrict 20 in ~ater ~ivision NO.3 approved by the board <br />at its Aug~st 16. 1982 board meeting. <br /> <br />2. The board agrees to subordinate the water rights <br />for the st(eam~egments listed in appendix A to certain prac- <br />tices of tne ~ater users for the purpOSe of maximizing the <br />benefiCial use of the water available for use in Colorajo <br />u,der the ~io Grande Compact. For the purposes of tnis <br />stipulation the term "pre-compact reserVOir" shall refer to <br />a reservoir constructed before !938. Subordination shall <br />m~an that the board's w~ter rignt shall be treated as junior <br />to the practices specified here~njer and shall not be used <br />by the board to callout or other~ise Object in any adminis- <br />trative or judicial procecding to the foll~wing: <br /> <br />a. P~rsuant to C.R.S. 1973. 37-92-102131Ibl' <br />all present uses and eXChanges established as of AU3~st lb. <br />1982 includiny. by way of examplc. the practice of USin3 <br />preconpact reiervoirs tv hold w3ter which Other~ise contrih- <br />~te to an over delivery to ~ew ~exico or Texas ~nder the com- <br />paCt. <br /> <br />b. Futur~ ~xchan~es and storage of native <br />~ater i, and among precompact reservoirs. <br /> <br />c. Future chanjCi of direct flow water rights <br />of the nembers of the Water Users to provide for'storage in <br />precompact reservoirs, includiny those in the applications <br />pendi,y in Case Nos. w-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 />11 storage of such water rights shall <br />occ~r only ~hen the water is lawf~lly in priority and physi- <br />cally available at its decreed direct flow paint of diver- <br />sion; and <br /> <br />21 al the flow'of the Rio Grande mea- <br />s~red at the Del 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.r.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 />31 comply with all applicable legal <br />r~quirenents and obtain any applicable approvals necessary <br /> <br />-2- <br />