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�. ICEIVED FILED IN DISTRICT COURT JUL WATER DIVISION 5, COLORADO 9 IATER RESOURCES DISTRICT COURT, WATER DIVIS ION NO. 5, STATE 'LORADO JUN 2 5 Case No. 80 -CW -62 STIPULATION CONCERNING THE APPLICATIONS FOR WATER RIGHTS OF THE CITY OF ASPEN AND THE COLORADO WATER CONSERVATION BOARD IN PITKIN COUNTY Applicants, City of Aspen, Colorado (hereafter City) and the Colorado Water Conservation Board,hereby stipulate with the Objector, Red Mountain Ditch Company, in the a1ove- referenced case as follows: 1. While the January 28, 1980 leaseback agreement between the City and Albert C. Droste is in effect, the concerns of the Red Mountain Ditch Company related to the ditch loss which occurs in the carriage of the City's .5 cfs of Priority 90 (decreed on May 11, 1889 with a May 15, 1884 priority date) and to the removal of said .5 cfs from the ditch will be de minimus with respect to the water rights listed on the attacheU A. 2. Nonetheless, Applicants will not hereafter interpose a defense of res judicata to the following claims of the Red Mountain Ditch Company in any subsequent change of water rights proceeding: a. That the City deliver .035 cfs to the headgate of the Red Mountain Ditch Extension to make up for the 7% ditch loss which occurs in the carriage of said .5 cfs of Priority 90 to the so- called Droste lateral, whenever: 1) Applicants elect to divert said .5 cfs at the alternate point decreed herein or for the pur- pose of preserving the natural environment to a reasonable degree, 2) remove said .5 cfs from the Red Mountain Ditch, and 3) do not provide .5 cfs for carriage in the ditch pursuant to the above - referenced January 20, 1980 leaseback or other agreement. b. That the City pay for .5/23.95 of the cost of any parshall flume or waste gate which is installed with the City's .approval for the purpose of verifying that said .035 cfs is delivered to the headgate of the Red Mountain Ditch Extension. The City's approval of such improvements shall not be unreasonably withheld. 3. The Red Mountain Ditch Company, however, will not make either of the claims specified in paragraph 2 above unless: