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<br />. <br /> <br />. <br /> <br />2. If, due to change in type of use of a water <br />right, acreage is removed from irrigation, any water right <br />subsequently used for irrigation of acreage so removed shall <br />not be subject to the terms of this stipulation. <br /> <br />3. Applicant does not waive its right to use the <br />water right herein as a basis to object to any water right <br />appl ication, plan for augmentation, exchange, or change in <br />use or point of diversion not in furtherance of provision <br />No.1 of this stipulation. <br /> <br />4. The purpose of this stipulation is to allow <br />full compliance with the equitable apportionment provisions <br />of ~eQLg~~g~~~_~~QmlD~' 325 U.S. 569 (1945) and modified <br />January 14, 1953. Applicant has entered into a stipulation <br />with the Jackson County Water Conservancy District due to <br />tne uniqueness of said equitable apportionment decree in <br />that said decree defines the specific acreage that may be <br />placed under irrigation. This stipulation establishes no <br />general principle or precedent with respect to any other <br />interstate stream. <br /> <br />~gme_gDd_AddLe~~_Qf_~lglmgnl <br /> <br />Colorado Water Conservation Board <br />1313 Sherman St., Room 623 <br />Denver, Colorado 60203 <br /> <br />.\jHflL!W.!::!1 <br /> <br />~ame_Qf_dil~b~_~QLlng_QL_QibeL_~lLY~lYLe: Whalen Creek, a <br />natural stream. <br /> <br />LQ~g11Qa: Legal description of beginning and end points of <br />minimum stream flow claimed: the natural stream channel <br />from head~aters at lake at lat. 40 deg. 36'59" north, long. <br />106 deg., 39'20"west as the upstream terminus and confluence <br />Newcomb Creek at lat. 40 deg. 35'52" north, long 106 deg. <br />30'22" west as the downstream terminus, being a distance of <br />approximately 3.4 miles. This segment can be located on <br />the 8uffalo Pass, Teal Lake U.S.G.S. quadrangle. <br /> <br />-2- <br />