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<br />Month
<br />
<br />May
<br />June
<br />July
<br />August
<br />September
<br />October
<br />
<br />Diversion amounts (in acre feet)
<br />
<br />18.22
<br />14.73
<br />12.94
<br />
<br />12.83
<br />
<br />8.95
<br />8.46
<br />
<br />2. Pursuant to section 37-92-102(3)(b), C.R.S. (20QO), the CWCB aclmowledges and agrees that
<br />the instream flow water right applied for herein is subject to the uses, as described above in
<br />paragraph 1, existing at the time the CWCB made its appropriation. Consequently, the
<br />CWCB will not place a call for the instream flow water right decreed herein against the
<br />Objectors' exercise of the above-described water rights for said uses and in said amounts.
<br />
<br />3, Nothing herein affects the water rights currently decreed to the Loghill Pumping Plant
<br />structure, diverting from Dallas Creek (listed below), which water rights the parties hereto
<br />recognize and agree are senior for their decreed purposes, including storage in the Fairway
<br />Pines Golf Course Ponds, to the CWCB' s instream flow right applied for herein:
<br />
<br />a. Mike Cuddigan Ditch, Priority No. 39, in the amount of 0.625 c.f.s. changed to an
<br />alternate point of diversion through the Loghill Pumping Plant and a change of use from
<br />irrigation only to irrigation and municipal, including: industrial, residential, commercial, ,
<br />recreation, fish culture, and'storage purposes, pursuant to the decree entered in Case No.
<br />W-1358 on May 23, 1974, with an appropriation date ofJune 1, 1879.
<br />
<br />b. Hyde-SnevaDitch, Priority No, 42, in the amount of 0.125 c.f.s., changed to an alternate
<br />point of diversion through the L9ghill P\lmping Plant and a ~hange of use from irrigation
<br />only to irrigation and municipal, including: industrial, residential, commercial, recreation,
<br />fish culture, and storage, pursuant to the decree entered in Case No. W-1357 on May 23,
<br />1974, with an appropnation date of October 10, 1880.
<br />
<br />c. Hyde-Sneva Ditch, Priority No.1 00, in the amount of 0.625 c.f,s., changed to an alternate
<br />point of diversion through the Loghill Pumping Plant and it change of use from irrigation
<br />only to irrigation and municipal, including: industrial, residential, commercial, recreation,
<br />, fish culture, and storage pursuant to the decree entered in Case No. W-1357 on May 23,
<br />1974, withan.appropriation date of May 1, 1886.
<br />
<br />'4, The Loghilll'umping Plant, decreed for municipal purposes, including, industrial, residential,
<br />commercial, recreational and fish culture purposes in the amount of 0.66 c.f,s., absolute, and
<br />1.21 c,f,s., conditional, inCase No. 93CW66 (original decree Case No. W-1365) with an
<br />appropriation date of March 17,1971.
<br />
<br />5. The CWCB agrees to not oppose or protest a Ruling of Referee or Decree proposed or issued
<br />in Case No. 99CW222, currently pending in the Division 4 Water Court, that is consistent
<br />with the terms and conditions of this Stipulation,
<br />
<br />2
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