Laserfiche WebLink
5. The Applicant has applied for a water right for 70 c.f.s. (April 1 through October 31) <br />and 30 c.f.s. (November 1 through March 31) for "recreation (development and enhancement of a <br />fishery habitat)." The parties agree that the identified uses "development and enhancement of a <br />fishery habitat" are limited to the aspect of the project that permits fish passage through <br />structures similar to a fish ladder. As such, the entry of this decree is not an expansion of the <br />holding in City of Thornton v. City of Fort Collins 830 P.2d 915 (Colo. 1992). <br />6. The Applicant has provided adequate information to show that there is water available <br />for this appropriation, and that the amount of water that the Applicant seeks to appropriate is the <br />amount of water that is reasonable and appropriate under reasonably efficient practices to <br />accomplish, without waste, the purpose for which the appropriation is lawfully made. <br />7. This stipulation shall be binding upon the parties hereto, their successors, and assigns. <br />8. Within fourteen days of the date on which both parties have signed this stipulation, the <br />Applicant shall file a motion requesting the Water Court for Water Division No. 1 to enter an <br />order approving this stipulation. <br />9. The Applicant agrees that it will not seek a referee's ruling and/or decree with terms <br />that are inconsistent with this stipulation or that are any less restrictive on the Applicant than <br />those contained in the stipulation. <br />10. The CWCB shall remain on the mailing list in this case and shall be provided with a <br />copy of any proposed referee's ruling and/or decree in this matter. The CWCB agrees that it will <br />not oppose the entry of any proposed referee's ruling and/or decree that is consistent with this <br />stipulation. <br />11. This stipulation is entered into by way of compromise and settlement of this litigation <br />and the CWCB's agreement not to oppose entry of said proposed decree shall not be construed as <br />concurrence with any findings of fact or conclusions of law contained therein, and nothing <br />contained in said proposed decree shall be binding upon either party in any other proceeding. <br />12. The CWCB consents to the entry of a decree in this matter, the provisions of which are <br />no less restrictive on Applicant than those contained in the proposed decree attached hereto and <br />incorporated as Exhibit A. In the event of any future changes in the decree which Applicant may <br />proposed prior to the submission to the Court, Applicant agrees to provide the decree to the <br />CWCB within sufficient time to permit the CWCB to consider the acceptability of the changes <br />from the standpoint of the requirements of this stipulation. <br />Executed this day of , 2000. <br />2 <br />