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<br />, <br /> <br />, <br /> <br /> <br />River Basin Memorandum of Agreement entered into <br />between the Board and the Board of County Commissioners <br />of summit County. Colorado dated October 25. 1988. <br /> <br />2. Dillon agrees to withdraw its statement of opposition <br />in the Opposed Cases provided the following terms and <br />conditions are met: <br /> <br />(a) The Board will not use the Instream Flow Water Rights <br />to prevent the exchange of water from Green Mountain <br />Reservoir or Granby Reservoir to Dillon Reservoir so <br />long as the USGS Blue River gage above Straight Creek <br />reflects a flow of at least 50 cfs. The rate of <br />eXchange must not cause the flow at the USGS gage to <br />fall below 50 cfs. However. this shall not be <br />,construed as limiting Dillon's ability to exchange <br />water at a rate of 2 cfs to structures which are or may <br />be incorporated into Dillon's municipal water supply <br />system. including. but not limited to. the Dillon Blue <br />River Intake as applied for in Gase No. 86CW329. <br /> <br />(b) In future proceedings before other governmental bodies. <br />whether federal. state. or local. the Board will <br />support the provisions of this Agreement as being <br />adequate to protect the Instream Flow Rights. This <br />support shall consist of testimony. memoranda. or <br />letters to the entity conducting the future proceedings <br />setting forth the Board's position that the measures <br />embodied 'in this Agreement are adequate to protect the <br />Instream Flow Rights. <br /> <br />(c) With respect to the purchase and exchange of water from <br />Green Mountain Reservoir. the Board shall neither <br />recommend nor request that the Bureau of Reclamation <br />impose any additional terms or conditions on the ' <br />purchase and exchange of such amounts of water from <br />Green Mountain Reservoir as may enable Dillon to fully <br />utilize or enter into a lease of water from Green . <br />Mountain Reservoir. <br /> <br />(d) The Board will not oppose a change in the point of <br />diversion for the Straight Creek Ditch water right <br />decreed in Case No. W-12 or the water rights decreed in <br />the Dillon Applications to points of diversion located <br />downstream from the existing point of diversion on <br />straight Creek. points of diversion on Laskey Gulch. <br />points of diversion on the eastern shore of Dillon <br />Reservoir. points of diversion from the Blue River as <br />it passes through DillOn Reservoir. points of diversion <br />diverting water from Dillon Reservoir. or to points of <br />diversion on the Blue River downstream from Dillon Dam <br />but upstream from WillOW Creek as long as a condition <br />is included that water is available at the historic <br />point of diversion. <br /> <br />-5- <br /> <br /> <br />. <br />