Notice of Pending Stipulation and Reservation of Right

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AUG 13 2002 Colorado 'Wp¢car't ons,ry ra ..oares DISTRICT COURT, WATER DIVISION NO. 4, COLORADO 1200 North Grand Avenue, Bin A Montrose, CO 81401 -3146 (970) 252 -4304 CONCERNING THE APPLICATION FOR WATER RIGHTS OF UPPER GUNNISON RIVER WATER CONSERVANCY DISTRICT IN GUNNISON C OUNTY Attorneys for Opposer, City of Gunnison: Timothy J. Beaton, #10403 Gabriel D. Carter, #30782 MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. P. 0. Box 1440 Boulder, CO 80306 -1440 (303) 443 -8782 A COURT USE ONLY A Case Number: 02CW038 NOTICE OF PENDING STIPULATION AND RESERVATION OF RIGHT TO SUBMIT PRE - HEARING STATEMENT Objector, City of Gunnison ( "the City' by and through its attorneys, Moses, Wittemyer, Harrison and Woodruff, P.C., hereby submits this Notice of Pending Stipulation and Reservation of Right to Submit Pre - hearing Statement pursuant to Rule 13 of the Recreational In- Channel Diversion Rules ( "RICD Rules ") of the Colorado Water Conservation Board ( "CWCB ") and the June 11, 2002 Notice of Pre - hearing Conference and Deadlines: 1. The City has negotiated a proposed Stipulation and Agreement with the Applicant, Upper Gunnison River Water Conservancy District ("the District "). 2. Said Stipulation and Agreement was formally approved by the District's Board of Directors at a special meeting held on August 7, 2002. Pursuant to that approval, the Stipulation and Agreement has been signed by the District's counsel of record in this proceeding. This Stipulation and Agreement is on the agenda for the regular meeting of City Council to be held on August 13, 2002, at which meeting the City will decide whether to formally approve said Stipulation and Agreement. 4. The Stipulation and Agreement, if approved by City Council, will resolve the City's statement of opposition filed in this proceeding on May 30, 2002. Should the Stipulation and