ISFAPP01241 Final Decree - Laserfiche WebLink

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. - r' . 1, CC&V agrees not to oppose the ISFiamounts for Fourmile Creek listed, in Exhibit A. 2. CC&V agrees not to oppose an appropriation date of January 26, 2000 foi: the ISF amounts listed in Exhibit A. UpDn'approval of this Stipulation, CC&V agrees to withdraw its objection to the Fourmile Creek ISF appropriations currently pending before the CWCB, and agrees that it will not enter statements of opposition to the CWCB's 2000 ISF water rights ap)?lications on Fourmile Creek or object to the entry of a decree for those ISFwater rights which incorporates this Stipulation. 3. The CWCB agrees to fully recogn~ze CC&V's approp,riative right of exchange as described in the application for Case No. 98CW115, Water Divisiqn 2 (attached hereto as Exhibit B) as being senior to the ISF amounts listed in Exhibit A and agrees .not to oppose that application or any application for the change of a senior ',water right to be moved up FOlirmiJe Creek utilizing .the exchange capacity, or any . portion thereof, of CC&V's apPropriative right of exchange UNDER CASE No. 98CW115. Notwithstanding the labove, in any such senior water right chang~ proceeding; the CWGB may challenge the amount of water CC&V claims to,have been historically diverted and/or cpnsumptively used under the senior water right. , . 4. CC& V agrees that, as.a protective term and condition, it will .not exercise its appropriative rights of exchange' as described. in the application for Case' No, 98CW115, Water Division 2, in ii':manner that would cause the flow in Fourmile 'Creek to fall below the applicable seasonal ISF amount for each stream segment listed, in Exhibit A during the perii>d of October 15-April14. This protective term and condition shall not apply to; CC&V's exchange during the period of April 15-0ctober 14, The parties agree that this protective term l}nd condition also does. not apply to the release and re-diversion by CC& V of any watefoit has ,previously stored and then seeks to use at any subsequent time, including during the period from October 15 through April 14. CC&V agrees to attach and incorporate this. . Stipulation to/into the water rig~'ts decree in CaseNo. 98CW115. 5. The CWCB agrees that the ter~ of this Stipulation shall run with the ISF rights listed in Exhibit A, and <;:WCB shall attach and mcorporate this Stipulation to/into the water rights decree to be obtained for the Fourmile Creek ISF water- rights listed in: Exhibit A. 6, This Stipulation constitutes the ,entire' agreement and understanding between the parties and supercedes any prior agreements or understandings related to the subject matter of this Stipulatioh. This Stipulation may be mOclified or amended . i . 2\myf\les\ejr\ccvgmwr\strlpulatloll between CC&V and cwes 2