ISFAPP01481 (2) - Laserfiche WebLink

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Instantaneous well depletions from the proposed developments would have a de minImIS Impact on the Instream flows The stipulations entered Into with objectors, Including the eWCB, assumed the eXistence of the CWCS's lnstream flows and that they would hold a semor pnorrty date 3 Buffalo Park has continued Its opposItion to the above captioned ,"stream flow cases, In part because If the Instream flow cases were decreed In the amounts claimed and the appropriation dates claimed, the order as It stands In Case No 94CW290 would result In dismissal of Its application The ewcs applications are set for tnal beginning March 18, 2002 4 By motion filed on February 8, 2002, Buffalo Park has moved the Court to reconsider Its order and requested the Court to withdraw or modify ItS order However, the time available for the Court to do so IS short 5 Buffalo Park has Invested significant resources toward obtaining Its decree and this stipulation IS a means by which to save resources Therefore, In consideration of the above. the parties agree as follows A Buffalo Park hereby stipulates to the entry of decrees In the above- captioned cases as set out In this paragraph 5 S The CWCB agrees not to seek entry of decrees for the above- captioned cases until the Water Court reSCinds, Withdraws or modifies ItS order such that decreeing these Instream flow cases will not result In 1) Buffalo Park's application In Case No 94CW290 failing to meet the "can and will" test, or 2) In dlsrrllssal of the Buffalo Park application In Case No 94CW290 C Buffalo Park will "stipulate to the entry of decrees as applied for by the CWCS In Case Nos 94CW251 (Cub Creek), 94CW256 (Blue Creek), 94CW259 (Bear Creek), 94CW260 (Bear Creek), and 94CW250 (North Turkey Creek) 1 No more than 20 days after th~ water court reSCinds, Withdraws or modifies Its order such that deqreelng these rnstream flow cases Will not result In dismissal of the Buffalo Park application ,n Case No 94CW290, or 2 If the water court falls to reSCind, Withdraw or modify Its order, such that decreeing the rnstream floW cases Will result In dismissal of the Buffalo Park application In Case No 94CW290, Buffalo Park stipulates to the entry of decre~s In Case Nos 94CW259 (Bear Creek), 94CW260 (Bear Creek), and 94CW250 (North Turkey Creek) for the follOWing amounts 2