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1. CC& V agrees not to. appos~ the ISF amounts far .Fourmile Creek listed, in EXhibit A. 2. CC&V agrees not to oppose an appropriation.date ofJanuary 26,2000 feit the ISF. amounts listed in Exhibit A. Upan apprava1 of this Stipulatian, CC&V agrees to withdraw its objection tb the Fourmi.le Creek ISF appropriations currently pending befare the CWCB, and agrees that it will not enter statements. of oppositian to the CWCB's 2000 ISF water rights applicatipns on, Fourmile Creek or object to the entry of a decree for those ISF:water rights which incorparates this S~ipulatio.,n. 3. The CWCB agrees to fully recognize CC&V's approp,riative right of exchange as described in the application for Case No. 98CW115, Water Divisiqn 2 (attached hereto as Exhibit B) as being seniar to. the ISF amounts listed in Exhibit A and agrees .not to oppase.that applicatio.n ar any application for the change of a senior ',water right to be moved up F01itmi.le Creek utilizing ,the exchange capacity, or any partion thereo.f, o.f CC&V's appropriative right of exchange UNDER CASE ~O. '98CW115, Notwithstanding the abave, in any such senior water right chang!'l proceeding; the CWGB may challenge the amount af water CC&V claims ta}1ave been historically diverted and/o.r cansumptive1y use~ under the seniar water right. , A. CC&V agrees that, as..a protective term and candition, it will .not exercise its appropriative rights of exchange as described. in the application for Case. No. 98CW115, Water Divisio.n 2, in a'manner that would cause the flow in Fourmile .Creek to fall be1o.w the applicable seasonal ISF amount far each stream segment listed in Exhibit A during the period of Octo.ber l5-April14. This protective term and condition shall not apply to CC&V's exchange during the period of April 15-October 14. The parties. agree that this protective term ltnd condition also does. not apply to the release and re-diversion by CC& V of any wateI"it has previously stored and then seeks to use at any subsequent time, including during the periad from Octo.ber 15 through Apri114. CC&V agrees to. attach and incorporate this. . Stipulation ta/into the water rights decree in CaseNo. 98CW115. . 5. The CWCB agrees that the terms of this Stipulatian shall run with the ISF rights listed in Exhibit A, and CWCB shall attach and mcorporate this Stipulation. to/into the water rights decree to. be obtained for the Fourmile Creek ISF water rights listed in, Exhibit A. 6, This Stipulatio.n constitutes the entire. agreement and understanding between the parties and supercedes any prior agreements or understandings related to the subject matter af this Stipulatio.n. This Stipulation may be. madified or amended 2\myfiles\ejr\ccvgmwr\stripulatlon between CC&V and eWeB . 2