Motion for Order Approving Stipulation

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1. A Stipulation between the District and the CWCB dated April 9, 2009, ( was executed and is filed with the Court simultaneously herewith. As set forth in the `` Stipulation, the CWCB has consented to the entry of a ruling and decree in this matter on terns and conditions no less restrictive upon the District than those set forth in the proposed decree attached as Exhibit A, to the Stipulation. 2. The filing of this Motion is consistent with paragraph 7 of the Stipulation whereby the parties jointly request approval of the Stipulation by the Court. 3. Approval of the Stipulation will facilitate an efficient resolution of the CWCB's opposition in this matter and avoid the need for litigation between the District and the CWCB_ 30187 EFILED Document CO Garfield County District Court 9th JD ditg&"AWnJ 2009 4 :50PM MDT #'diQi1WJ47AWDistr1ct Court 9th .ID DISTRICT COURT, WATER DIVISION NO. 5. STATE OF I Zing D: 246 ' . .'t COLORADO Review Clerk: Kathy H211 109 — 8 Street, Suite 104 Glenwood SErings, CO 81601 CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE EAGLE RIMER WATER & SANITATION DISTRICT IN EAGLE COUNTY, COLORADO A COURT USE ONLY A Porzak Browning & Bushong LLP Glenn E. Porzak (#2793) Eli A. Feldman ( #36871) Case Number: OSCW72 929 Pearl Street, Suite 300 (OOCW259) Boulder, CO 80302 Tel: 303 -443 -6800 Fax: 303- 443 -6864 Water Division: 5 Email: orzak bblaw. , efeldman bblaw.com MOTION FOR ORDER APPROVING STIPULATION Applicant Eagle River Water & Sanitation District (the "District "), by and through its undersigned counsel, hereby moves the Court for an order approving a stipulation between the District and Opposer, the Colorado Water Conservation Board ("CWCB'). As grounds for this Motion, the District states as follows: 1. A Stipulation between the District and the CWCB dated April 9, 2009, ( was executed and is filed with the Court simultaneously herewith. As set forth in the `` Stipulation, the CWCB has consented to the entry of a ruling and decree in this matter on terns and conditions no less restrictive upon the District than those set forth in the proposed decree attached as Exhibit A, to the Stipulation. 2. The filing of this Motion is consistent with paragraph 7 of the Stipulation whereby the parties jointly request approval of the Stipulation by the Court. 3. Approval of the Stipulation will facilitate an efficient resolution of the CWCB's opposition in this matter and avoid the need for litigation between the District and the CWCB_ 30187