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<br />.... <br /> <br />.~ <br /> <br />" <br /> <br />. <br /> <br />to the water rights for the strean segments listej in appen- <br />dix A of this stipulation and a9r~ement in the former wa~er <br />jistrict 20 in Water Division No.3 approved by the board <br />at its August 16. 1982 board meeting. <br /> <br />2. 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 Colorajo <br />u~dar the Rio Grande Compact. For the purposes of this <br />stipulation the term "pre-compact reservoir" shall refer to <br />a reservoir constructed before 1936. Suborjination shall <br />m~an that the board's ~~ter rignt shall be treated as junior <br />to the practices specified hereunjer and shall not be used <br />by the boar~ to callout or other"ise object in any adminis- <br />trative or judicial proceeding to the foll~wing: <br /> <br />a. P~rsuant to C.R.S. 1973. 37-~Z-102(31(bl' <br />all present uses and eXchanges establiShed as of Au~ust Ib, <br />198Z includin~. by way of example, the practice'of usin~ <br />preconpact re.ervoirs to hold water which otherwise contrih- <br />~te to an over delivery to New Mexi~o or Texas ~nder the com- <br />pact. <br /> <br />j <br /> <br />b. Futur~ ~xchan~es and storage of native <br />water i~ an~ among precompact reservoirs. <br /> <br />C,. Future chanJc) of direct flow water rights <br />of the nembers of the Water Users to provide for storage in <br />precompact reservoirs. includin~ those in the applications <br />penji~y in Case Nos. W-397Q and W-~geO 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 wat~r 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 />21 al the flow'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 anount of water available to satisfy any water right <br />claimed in appendix .; and <br /> <br />31 comply with all applicable legal <br />r~quirenents and obtain any applicable approvals necessary <br /> <br />-2- <br />