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<br />.. <br /> <br />WHEREAS, sumt .. County nas conditionallY\. llocated 30 acre <br />feet of the remaining 72.52714 acre feet of Dillon Storage <br />Water to Dillon Valley; <br /> <br />WHEREAS, Dillon valley may purchase water from federal <br />facilities such as Green Mountain Reservoir (the "Purchased <br />Water") to allow them to fully utilize their allocation of the <br />100 Acre Feet Dillon Storage Water under the terms of tne <br />Summit County Agreement; <br /> <br />WHEREAS. absent protective terms and conditions, the <br />,use of the Purchased Water by exchange could adversely affect <br />the aquatic environment and the Instream Flow Rights: <br /> <br />WHEREAS, absent protective terms and conditions, the <br />Instream Flow Rights could limit the use of the 100 Acre Feet <br />Dillon Storage Water; <br /> <br />WHEREAS, the Board and Dillon Valley wish to resolve their <br />differences by means of this Agteement and Stipulation; <br /> <br />NOW THEREFORE, in consideration of the mutual covenants <br />hereinafter set forth, the Board and Dillon Valley hereby <br />STIPULATE and AGREE as follows: <br /> <br />1. Any decrees entered by the Water Court for the Instream <br />Flow Rights shall provide that the Instream Flow Rignts shall <br />not be used as a basis to oppose, snaIl noe prevent the <br />operation of, will not be injured by, and need not be protected <br />from injury in connection with Dillon Valley's water rights, <br />plan for augmentation and exchange to be decreed in Case No. <br />87CW218, or modifications tnereto, so long as the fOllowing <br />conditions are met: <br /> <br />a) The maximum consumption of S,traight CreeK water in <br />any single winter month (October 1 - March 31), shall be no <br />greater than 1/12 of the total consumptive use allocated to <br />that stream segment as identified in Appendix C of the <br />Board/County Agreement attached hereto (2.5 acre feet per <br />month). Diversions,shall not exceed a rate of 1 cis. <br /> <br />b) The maximum consumption of the Blue River water in <br />any single winter month (October 1 - March 31), shall be no <br />greater than 1/12 of the total consumptive use allocated to <br />that stream segment as identified in Appendix C of the <br />Board/County Agreement. <br /> <br />c) The maximum annual diversion shall be no more than <br />300 acre feet of water. <br /> <br />d) No more than 30 acre feet of water per year shall <br />be consumed as a result of such diversions. <br /> <br />e) No portion of tne 30 acre feet may be used for <br />snowmaking. <br /> <br />f) During the montns of October through March, no <br />portion of the 30 acre-feet may be stored at locations other <br /> <br />than Dillon Reservoir. <br /> <br />-2- <br />