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. ~ ". . ;:-'..:'" . ~,~ .... ..' Case No. 80CW379 Colorado Water Cons. 8. s~l~ll~g_~~g~_QI_g~SQ~~gg~_Qf_~~l~I_IQ_~~i~l~~Sg QQ_1Q~_Q~lg_Qf_~QQIQQli211QQ: Pursuant to C.R.S. 1973, 37-92-102(3)(b) the appropriation and water right of the applicant herein confirmed by decree shall be subject to the uses or exchanges of ~ater being made by other water users pursuant to appropriation or practices in existence on the date of appropriation referred to in paragraph 4 above, whether or not previously confir~ed by court order or decree to the extent that such uses or exchanges have occurred. Specifically, but without limiting the above, this water right is subject to the following: a) the prac~ . tice of FRICD storing water by agreement with Denver in Gros~ Reservoir during the winter months when cli~atic condi- tions make it difficult to divert water into and carry water in the Community Ditch in an amount not exceeding the his- torical practice and b) any uses or exchanses of water by the City of Lafayette made pursuant to the decrees granted in Case Nos. W-8346-A-76, ~-8346-B(1)-76, W-8347-76, W-8348(1)-76, consolidated Case Nos. W-8346-B(2)-76 and W-834B(2)-76 and decree entered July 16, 1982 in Case No. 80 CW 469. 9. ~~Qlgfl_1Q_29Igg~~Qt_~iib_QgQygI: The appli- cant's rights are subject to the senior rights of the City and County of Denver in the subject source. The applicant recognizes that Gross Reservoir and South Boulder Diversion Dam above Eldorado Springs, owned by the City And County of Denver, have been and will in the future be used in exchances for water diverted under its adjudicated water rights. Th~ Colorado Water Conservation Board hereby agrees that it will not exercise its water rights, herein, in the South Boulder Creek between Gross Reservoir and Eldorado Springs in such a manner as to impair Such exchange operations by the City and County of Denver. lO. ~glg~~g_Qf_~~1~I_fI2~_~Q~iI~2~_~lQI~9g: The applicant recognizes that water stored in upstream reservoirs is or may be released into South Boulder Creek to be diverted at points downstream. Such releases, if made, enhance the physical flows of the stream segment described in paragraph No. 3 herein. The Colorado Water Conservation Board hereby agrees that the issuance of this decree shall have no impact on the release of water stored in priority by another water user and the use of South Boulder Creek as a natural carrier -3-