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<br />" <br /> <br />Basin Memorandum of Agreement of even date herewith (the <br />"Upper Blue agreement") which provides for the use of County <br />Users Pool upstream of Dillon Reservoir: <br /> <br />Whereas, contemporaneous with the execution of this <br /> <br /> <br />Agreement, the County and the Colorado Department of Natural <br /> <br />Resources have entered into a memorandum of agreement of even <br /> <br /> <br />date herewith which addresses mitigation issues associated <br /> <br /> <br />with the use of all water used in connection with the Summit <br /> <br /> <br />county Agreement: and <br /> <br />Whereas, the Board and the County have reached an <br /> <br />agreement which will permit the Board to seek decrees for the <br /> <br />Lower Blue instream flow rights without opposition from the <br /> <br /> <br />County while at the same time enabling the County and its <br /> <br /> <br />designees to utilize the County Users Pool directly or by <br /> <br /> <br />exchange. <br /> <br />Now therefore, in consideration of the mutual <br /> <br /> <br />covenants hereinafter set forth, the Board and the County <br /> <br /> <br />hereby agree as follows: <br /> <br />1. Any decrees entered by the Water Court in the <br />Lower Blue Cases for the Lower Blue instream flow rights shall <br />provide that the Lower Blue instream flow rights shall not be <br />used as the basis to oppose, shall not prevent the operation <br /> <br />-4- <br />