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<br />" <br /> <br />1, CC&V agrees not to oppos~the ISF amounts for Fourmile Creek listed,.inE;mibit <br />A, <br /> <br />2, CC&V agrees not to oppose an appropriation date of January 26,2000 for the ISF' <br />amounts listed in Exhibit A. Upon approval of this Stipulation, CC&V agrees to <br />withdraw its objection to the Fourmile CreekISF appropriations currently pending <br />before the CWCB, and agrees that it will not enter statements' of opposition to the <br />CWCB's 2000 ISF water rights applicati9US oil, Fourmile Creek or object to the <br />entry of a decree for those ISF:water rights which incorporates this S~ipulatio,n. <br /> <br />3. The CWCB agrees to fully recognize CC&V's approp,riative right of exchange as <br />described in the application for Case No, 98CW1l5, Water Divisiqn 2 (attached <br />hereto as Exhibit B) as being senior to the ISF amounts listed in Exhibit A and <br />agrees not to oppose .that application or any application for the change of a senior <br />'. water right to be moved up FOlirrnile Creek utilizing .the exchange capacity, or any <br />portion thereof, of CC&V's appropriative right of exchange UNnER CASE No. <br />. 98CW1l5, Notwithstanding the above, in any such senior water right chmg~ <br />proceeding; the CWGB may challenge the amount of water CC&V claims to,have <br />been historica11y diverted and/or consumptively used under the senior watertight. _ <br /> <br />"4. ' CC&V agrees that, as,a protective term and condition, it will.not exercise its <br />appropriative rights of exchange as described. in the application for Case. N'o. <br />98CW1l5, Water Division 2, in a'manner that would cause the flow in Fourmile <br />'Creek to fall below the applicable seasonal ISF amount for each stream segment <br />listed,in Exhibit A during the period of October 15-Apri114. This protective term <br />and condition shall not apply to CC&V's exchange during thepe,riod of April <br />15-0ctober 14. The parties"agree that this protective term and condition also does <br />not apply to the release and re-diversion by CC&V of any ~atel"it has previously' <br />stored and then seeks to use at any subsequent time, including during the period <br />from October 15 through April 14. CC&V agrees to attach and incorporate this. <br />, Stipulation to/into the water rights decree in CaseNo. 98CW1l5. <br /> <br />5. The CWCB agrees that the terms of this Stipulation shall run with the ISF rights <br />listed in Exhibit A, and CWCB shall attach and mcorporate this Stipulation to/into <br />the water rights decree to be obtained for the Fourmile Creek ISF water- rights <br />listed in, Exhibit A. . , <br /> <br />6, This Stipulation constitutes the entire' agreement and nnderstanding between the <br />parties and supercedes any prior agreements or understandings related to the <br />subject matter of this Stipulation. This Stipulation may be mociified or amended <br /> <br />2\myfiles\ejr\ccvgmwr\.strlpulation between CC&V and ewes <br /> <br />. 2 <br />