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<br />0012J6 <br /> <br />lished and decreed pursuant to the laws of the State of Colorado. <br />In the above-entitled applications, the United States seeks to <br />adjudicate changes in the use of those water rights. The pro- <br />posed new uses include instream flow purposes of outdoor recrea- <br />tion, aesthetics, and wildlife and fish maintenance and propa- <br />gation within Rocky Mountain National Park. <br /> <br />5. The uses set forth in the above-entitled applications <br />are within the purposes for which Congress created Rocky Mountain <br />National Park, and the amounts of water to be changed are reason- <br />ably necessary to carry out such purposes. The United States <br />agrees that any decree entered in these cases shall be at least <br />as restrictive as the above-en~itled applications and, in partiC- <br />ular, shall be limited to the types of use and amounts of water <br />ccntained in the applications. <br /> <br />6. The above-entitled applications were filed pursuant <br />to a StipulaLion-ZQS Deletion from Abandonment List in Case Nos. <br />~4 CW-426 through 84-CW-46~between the United States and the <br />State Engineer and Dlvision Engineer for water Division 1. The <br />United States agrees that the terms of that Stipulation apply to <br />and are binding upon the above-entitled applications. A copy of. <br />the Stioulation is attached and marked as Exhibit "A" and <br />incorporated by reference herein. <br /> <br />7. This Stipulation was entered pursuant to agreement of <br />the Colorado Water Conservation Board and the United States and <br />the issues decided herein have not been litigated between the <br />parties. Therefore, the parties shall not be collaterally estop- <br />ped from asserting any factual or legal claims or defenses in any <br />other case as a result of this Stipulation or any decree subse- <br />quently entered in the above-entitled cases. Additionally, the <br />parties agree that they will not cite this Stipulation or any <br />decree subsequently entered in the above-entitled cases as prece- <br />dent in any other case. <br /> <br />8. Upon the entry of a decree herein in conformity with <br />this Stipulation, incorporating by reference or otherwise para- <br />graphs 6 and 7 above, the Board's opposition shall be deemed <br />withdrawn. <br /> <br />-2- <br />