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<br />~ <br />. <br /> <br />e: <br /> <br />to the ~ater rights for the str~an segments listed in appen- <br />dix A of this stipulation and agr~ement in the former wa~er <br />~istrict 20 in ~ater Division No.3 approved by the board <br />at its Au~ust lb. 1982 board meeting. <br /> <br />2. 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 wat~r available for use in Colora~o <br />u,der the Rio Crande Compact. For the purposes of this <br />stipulation the term "pre-compact reservoir" Shall refer to <br />~ reservoir constructed before 1936. Subor~ination shall <br />m~an that the board's wjter right shall be treated as junior <br />to the practices specified hereun~er and s~a'l not be used <br />by the board to callout or other~ise obje:t in any adminis- <br />trative or judicial proceeding to the foll~wing: <br /> <br />a. P~rsuant to C.R.S. 1973. 37-9Z-102(31Ib). <br />all present uses and exchanges establiShed as of Au~ust 16. <br />1982 including, by way of example. the practice of uSin9 <br />preconpact reiervoirs tv hold water which otherwise contrih- <br />~te to an over delivery to Ne~ ~exico or Texas ~nder the com- <br />patte <br /> <br />b. Futur~ ~xchan~es and storage of native <br />~at~r i, and among precompact reservoi.rs. <br /> <br />t. Future chanjc. of direct flow water rights <br />of the n~nbers of the Water Users to provide for storage in <br />precompact reservoirs. including those in the applications <br />penji'~ in Case Nos. ~-397q and W-3980 in Division 3. pro- <br />vided that the follOWing conditio,s will be met before SUb- <br />ordinatIon occurs: <br /> <br />I) storage of such water rights shall <br />occ~r 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 />2) al the flowrof the Rio Grande mea- <br />s~red 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 />b) ~hen the flow of the Rio Crande <br />measured at the Del Norte gauging station is below 1000 <br />c.f.s. and the proposed exchange and storage would. not reduce <br />the anount of water available to satisfy any water right <br />claimed in ~ppendix A; and <br /> <br />3) <br />requirements and obtain <br /> <br />comply with all applicable legal <br />any applicable approvals necessary <br /> <br />-z- <br />