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<br />2. <br />Opposed <br />met: <br /> <br />Dillon t .ley agrees to withdraw ieL JppOSltlOn in the <br />Cases provided the following terms and conditions are <br /> <br />a) The Board recognizes and agrees that any water <br />diverted pursuant to Case No. 87CW2l8 which is not consumed. <br />may be returned to the Blue River at or above the outfall of <br />the Joint Authority Wastewater Treatment Plant. <br /> <br />b) The Board shall neither request nor require any <br />further mitigation, terms or conditions to enable Dillon valley <br />to acquire from the Bureau of Reclamation that amount of water <br />'as may be required to fully utilize their allocation of the 100 <br />Acre Feet 'Di lion storage Wa ter as specif ied above. <br /> <br />c) The Board will not oppose a change in the point of <br />diversion for Dillon Valley'S 3.5 cfs municipal water rights <br />confirmed in Case Nos. W-l2, W-l3. and W-402, District Court. <br />Water Division No. S. State of Colorado, to points of diversion <br />located downstream from the existing points of diversion on <br />Straight Creek, to points of diversion on Laskey Gulch. to <br />points of diversion on the Blue River as it passes through <br />Dillon Reservoir. or to points of diversion on the Blue River <br />downstream from Dillon Dam but upstream'from Willow Creek. <br />Diversions made pursuant to the changes contemplated by this <br />paragraph shall be limited to such times when water is legally <br />and physically available at the historic points of diversion. <br /> <br />3. This agreement shall neither prevent the Board from <br />seeking terms and conditions outside the context of a water <br />court proceeding nor impair the Board's ability to comply with <br />537-60-122.2, CRS 1987 supp. with respect to the permitting. <br />constructing or operating of any reservoir or supplemental <br />augmentation facility yet-to-be constructed or yet-to-be <br />enlarged. This is not ,to be construed as to exclude Dillon <br />Valley from relocating wells under the augmentation plan to be <br />decreed in Case No. 87CW218 subject to those limitations set <br />out in paragraph 1 above. <br /> <br />4. The terms of this agreement are binding upon the <br />parties' successors, assigns and designees. <br /> <br />STIPULATION <br /> <br />5. Subject to the terms and conditions of this Agreement <br />being incorporated in any decrees entered for the Opposed <br />Cases. Dillon Valley shall withdraw its statement of opposition. <br /> <br />6. Subject to the relevant terms and conditions of this <br />Agreement being incorporated into the decree entered in Water <br />Division 5. Case No. 87CW218. the Board shall withdraw its <br />statement of opposition. <br /> <br />-3- <br />