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concerns with the Applicant's proposed settlement. The CWCB and AGO Staffs and the <br />Applicant's attorney exchanged a number of correspondence, resulting in the currently proposed <br />settlement (see Attachment 1). The proposed stipulation includes the following concepts: <br />1. The CWCB would not object to the entry of a decree that recognizes absolute <br />water rights for recreational and piscatorial purposes for Boat Chute Nos. 4 and 9. <br />See Attachment 1, Exhibit A, Exhibit 1, for locations. <br />2. The CWCB would not object to the entry of a decree that recognizes a conditional <br />water right for recreational and piscatorial purposes for Boat Chute No. 10. See <br />Attachment 1, Exhibit A, Exhibit 1, for locations. Moreover, the CWCB would <br />not oppose an application by Littleton to make absolute this water right as long as <br />the future application comports with the current application, and as long as the <br />structure is not modified significantly. <br />3. Littleton would withdraw the rock deflectors, boulder clusters, and 6 of the boat <br />chutes from this application. <br />4. Littleton would agree that if there is a statutory change permitting the CWCB to <br />hold recreational flow water rights in the future, Littleton would discuss with the <br />CWCB, the donation of these water rights to the CWCB. <br />STAFF RECOMMENDATION <br />The present proposal addresses all of the concerns raised by the Board members in the executive <br />session at the May 22 -23, 2000, Board meeting. In particular, the current proposal does not <br />expand the Fort Collins ruling. Therefore, the Staff recommends that the Board authorize the <br />Staff to enter into this stipulation with Littleton. <br />Attachment. <br />Flood Control and Floodplain Management -Larry Lang, Chief • Water Project Planning and Construction- Mike Serlet, Chief • <br />Instream Flows and Water Rights Investigations -Dan Merriman, Chief • Interstate Streams Investigations -Randy Seaholm, Chief • <br />Office of Conservation Planning - William Stanton, Chief • Personnel and Budget -Susan Maul, Chief <br />