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Ruling and Decree Case No.2009CW271 City of Longmont A. CDOT. Pursuant to an agreement between Longmont and the Colorado Department of Transportation ("CDOT"),the Pump Station No. 2 (described in Paragraph 7, above), or any other structure proposed to be used by Longmont, will be located on lands owned by CDOT only after all necessary approvals are obtained from CDOT. In the event Longmont needs to access CDOT's right of way for any purpose, Longmont shall obtain a utility permit(or any other required instrument) from CDOT. B. Oliver/JCK Gravel&CPW Stipulations. The inlet of Longmont's proposed Pump Station No. 2 is described as being located at a point on the west bank of St. Vrain Creek approximately 190 feet North and 2700 feet East of the Southwest corner of Section 4,Township 2 North, Range 68 West of the 6th P.M.,Weld County, Colorado. This point is depicted on Exhibit F, on land presently owned by JCK Gravel, Inc. Longmont shall not construct the inlet of the proposed Pump Station No. 2 on land owned by JCK Gravel, Inc. (the "JCK Parcel"), or its successors and assigns,unless and until Longmont has obtained a lawful right to enter the JCK Parcel for that purpose. Longmont recognizes that the CPW has a remainder interest in the JCK Parcel pursuant to an August 6, 2002 Donation Agreement. The SH 119 right of way, also shown on Exhibit F within the 200 foot radius of the above-described point, is a potential alternate site for the inlet of the proposed Pump Station No. 2. Because the JCK Parcel is meant to be a bird sanctuary, it is the preference of Longmont, CPW and JCK that the Pump Station No. 2 be constructed on SH 119 right of way. Longmont agrees to make a good faith effort to construct the inlet of the proposed Pump Station No. 2 on the SH 119 right of way prior to seeking a lawful right to construct the inlet of the proposed Pump Station No. 2 on the JCK Parcel. If Longmont is unable to locate Pump Station No. 2 within the SH 119 right of way and is able to gain a lawful right to construct the inlet of Pump Station No. 2 on the JCK Parcel, then Longmont shall locate Pump Station No. 2 as close as possible to SH 119 and shall construct Pump Station No. 2 between August 15 and November 15 so as to minimize impacts to eagle roosting and nesting. Longmont shall also provide for native revegetation in the area that was disturbed by construction and installation of Pump Station No. 2. The native vegetation shall be determined after consultation with staff at St Vrain State Park. 22. Northern stipulation. Pursuant to the Stipulation between Longmont and the Northern Colorado Water Conservancy District("Northern Water"), dated February 25, 2010, and approved by the court by order dated March 1, 2010,this Ruling and Decree is subject to and shall not affect in any way the right of Northern Water to regulate any use of Colorado-Big Thompson ("C-BT")Project water or C-BT Project facilities by Longmont pursuant to and in accordance with applicable law,the provisions of the July 5, 1938 contract between the United States and Northern Water for construction of the C-BT Project, the allotment contracts between Northern Water and Longmont, and the rules regulations and policies of Northern Water, as may be amended from time to time. The rules, regulations and policies of Northern Water presently prohibit use of C-BT Project water to replace historical return flows or depletions under an adjudicated change of water right or augmentation plan decree. Longmont shall not use C-BT Project water as a source to replace historical return flows or depletions pursuant to the change of 19