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<br />. <br /> <br />. <br /> <br />5. The CWCB agrees not to file a statement of <br />opposition to any application filed in the future by Longmont or <br />Highland for a change, exchange or other water rights involving <br />these instream flow reaches provided that the following language <br />is inclUded in Longmont's and/or Highland's application and <br />proposed ruling or decree: <br /> <br />The water rights decreed herein are subject to <br />the instream flow rights decreed in Case <br />Nos. 87CW278, 87CW282 and 87CW283 and shall <br />not be exercised to the extent that the flows <br />within the relevant instream flow reach would <br />be reduced below the CWCB's decreed instream <br />flow rates by virtue of the exercise of such <br />rights. <br /> <br />Longmont and Highland agree to provide the CWCB with a proposed <br />decree in such future cases for review to ensure compliance with <br />this provision at least 30 days prior to filing the same with <br />the water court. This limitation shall not apply to, and the <br />CWCB shall not be precluded from opposing, any apPlication to <br />adjudicate an existing exchange of water pursuant to C.R.S. <br />S 37-92-305(10). <br /> <br />6. The parties re~ognize and acknowledge that it is <br />necessary, from time to time, for Longmont to conduct <br />maintenance activities or construct improvements to its water <br />facilities within or adjacent to the subject instream flow <br />reaches. The CWCB and Longmont agree that the subject instream <br />flow rights will not be used to prevent temporary maintenance <br />activities on Longmont's wat~r facilities, or minor inundation <br />of a portion of an instream flow segment resulting from <br />structural improvements to e~isting facilities. Longmont's <br />existing facilities located ~djacent to or within the subject <br />instream flow reaches are id~ntified on Exhibit A attached <br />hereto. <br /> <br />7. Longmont has submitted a land exchange proposal to <br />the United states Forest Service in order to acquire the fee <br />interest in all lands underlying the existing and future <br />enlarged Button Rock Reservoir. Button Rock Reservoir is <br />located above the upstream terminus of the instream flow reach <br />claimed in Case No. 87CW282. The CWCB and Longmont agree that <br />the CWCB shall not oppose the proposed federal land exchange <br />involving Button Rock Reservoir. This position is confirmed by <br />the CWCB's resolution and letter to Congressman Skaggs dated <br />March 16, 1995, a copy of which is attached hereto as Exhibit B. <br /> <br />-4- <br />