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, .., 1. CC& V agrees not to oppose ,the ISF amounts for ,Fourmile Creek listed, in Exhibit A. 2. CC&V agrees not to oppose an appropriation'date of January 26,2000 for the ISF ' amounts listed in Exhibit A. Upon approval of this Stipulation, CC&V agrees to withdraw its objection to the Four~Ue Creek ISF appropriations currently pending before the CWCB, and agrees that -it will not enter statements of opposition to the CWCB's 2000 ISF water rights applicati()us on, Fourmile Creek or object to the entry of a decree for those ISF'wa~er rights which incorporates this Sp-pulation. , , 3. The CWCB agrees to fully recognize CC&V's approp,riative right of exchange as described in the application for Case No, 98CWllS, Water DivisiQn 2 (attached hereto as Exhibit B) as being senj.or to the ISF amounts listed in Exhibit A and agrees not to oppose ,that application or any application for the change of a senior ',water right to be moved up Fo1irm;i1e Creek utilizing ,the exchange capacity, or any , portion thereof, of CC&V's appropriative right of exchange UNDER CASE :No. 98CW115. Notwithstanding the: above, in any such senior water right chang!'l proceeding; the CWC;:B may challenge the amount of water CC&V claims to,have been historically diverted and/or consumptively used under the senior water rig)J.t. , '4. CC&V agrees that, as..a protective term and condition, it will ,not ex~rcise its appropriative rights of excliange as described, in the application for Case' N'o. 98CW1l5, Water Division 2, in;a'manner that would cause the flow in Fourmile 'Creek to fall below the applicable seasonal ISF amount for each strear,n segment listedin Exhibit A during the period of October 15-April 14. This protective term and condition shall not apply to CC&V's exchange during the periOd of April is-October 14. The parties' agree that this protective term and condition also does not apply to the release and re-diversion by CC& V of any ~ateI"it has ,previously stored and then seeks to use at ~ny subsequent time, including during the period from October 15 through Aprilil4. CC&V agrees to attach and incorporate this, . Stipulation to/into the water rigp.ts decree in CaseNo. 98CW1l5. ' 5. The CWCB agrees that the terms of this Stipulation shall run with the ISF rights listed in Exhibit A, and CWCB ,shall attach and incorporate this Stipulation to/into the water rights decree to be obtained for the Fourmile Creek ISF water rights listed in, Exhibit A. 6. This Stipulation constitutes the entire' agreement and understanding between the parties and supercedes any prior agreements or understandings related to the subject matter of this Stipulation. This Stipulation may be, mocj.ified Or amended 2\myf11es\ejr\ccvgmwr\strlpulatlol\ between CC&V and eweB , 2