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<br />~ <br /> <br />.. <br />.' <br /> <br />.~ <br /> <br />to the .ater rights for the strean segments listej in appen- <br />dix A of this stipulation and a~reement in the former water <br />district 20 in Water Division No.3 approved by the board <br />at its Au~ust 16. 198Z board meeting. <br /> <br />z. The board agrees to subordinate the water rights <br />for the stream,egments listed in appendix A to certain prac. <br />tices of the ~ater Users for the purpose of maximizing the <br />beneficial use of the water available for use in Colorado <br />ulder the Rio ~rande Compact. For the purposes of this <br />stipulation the term "pre-compact reservoir" Shall refer to <br />a reservoir constructed before 1936. Suborjination shall <br />mean that the board's "~ter right Shall be treated as junior <br />to the practices specified hereunder and shall not be used <br />by the board to callout or other~ise object in any adminis- <br />trative or judicial proceeding to the follawing: <br /> <br />a. P~rsuant to C.R.S. 1973. 37-~2-10Z(31(bl' <br />all present uses and eXChanges established as of August 16. <br />1982 including. by way of example. the practice of using <br />preconpact reservoirs to hold water which other.ise contrib- <br />~te t~ an over delivery to ~ew ~exico or Texas ~nder the com- <br />paCt. <br /> <br />o <br /> <br />b. Future exchan;es and storage of native <br />water in and among precompact reservoirs. <br /> <br />c. Future changes of direct flow water rights <br />of the members of the Water Users to provide for storage in <br />precompact reservoirs. including those in the applications <br />pendilY in Case Nos. W-)979 and W-3980 in Division 3. pro- <br />vided that the following conditiolS will be met before sub- <br />ordination occurs: <br /> <br />11 storage of such water rights shall <br />occur only .hen the water is lawf~lly in priority and physi- <br />cally available at its decreed direct flow point of diver- <br />sion; and <br /> <br />I <br /> <br />21 al the flow'of the Rio ~rande mea- <br />sJred at the Del Norte gauging station is above 1.000 c.f.s. <br />d~ring all times when such eXChange and storage is occurring; <br />or <br /> <br />bl when the flow of the Rio Grande <br />measured at the Del Norte gauging station is below 1000 <br />c.r.s. and the proposed exchange and storage would. not reduce <br />the anount of water available to satisfy any water right <br />claimed in appendix A: and <br /> <br />~ <br /> <br />3) comply with all applicable legal <br />requirenents and obtain any applicable apprOvals necessary <br /> <br />-2- <br />