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<br />DISTRICT COURT, WATERDMSION 4 <br />COLORADO <br />1200 N. Grand Ave., Bin A <br />Montrose, CO 81401-3146 , <br />Concerning The Application For Water Rights Of; <br />COLORADO WATER eONSERV ATlON BOARD, <br />IN HORSEFLY CREEK, A NATURAL STREAM, IN <br />TIlE WATERSHED OF SAN MIGUEL, <br />IN MONTROSE eOUNTY, COLORADO <br /> . COURT USE ONLY . <br />JOHN W, SUTHERS, Attorney General Case No.: 05CW215 <br />VIRGINIA BRANNON., Assistant Attorney General <br />1525 Shennan Street, 5'" Floor Div.: 4 <br />Denver, CO 80203 <br />(303) 86&.5118 <br />Registration Number: 30346 <br />*CounselofRecord . <br />STIPUJLATION BETWEEN THE COLORADO WATER CONSERVATION BOARD <br />AND PAClFIClDESERT PARTNERS, LLC <br /> <br />The Applicant, the Colorado Water Conservation Board ("CWCB"), and the Objector, <br />Pacific!Desert Partners, LLC, ("Pacific") stipulate and agree as follows; <br /> <br />1. Pacific agrees to the entry of a decree in this case that is no less restrictive than the draft <br />decree attached as Exhibit A. <br /> <br />2. The parties agree that the water rights Pacific has claimed in Case No. 05eW201, <br />Water Division No.4, are senior in priority to the Horsefly Creek instream flow which is the subject <br />of this Case No. 05CW215, except that Pacific's Hideout North Fork Pump and Pipeline and Hideout <br />North Fork Habitat Pumpback claimed in Case No. 05CW20 I are junior in priority to the subject <br />Horsefly ereek instream flow. <br /> <br />3. TItis stipulation shall be binding upon the parties hereto, their successors, and assigns. <br /> <br />4. Pacific shall remain on the IIIailing list in this case and shall be prOvided with a copy of <br />any proposed ruling and/or decree in this malter. <br /> <br />5. This stipulati on will be submitted to the Water Court for Water Division 4 <br />with the request that it be approved by, and become enforceable as, an order ofthe COllrt. <br />