Re: Agenda Item 5.a, Case No. 1-194CW273

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DISTRICT COURT, WATER DIVISION NO. 1, COLORADO Case No. 94CW273 STIPULATION CONCERNING THE APPLICATION FOR WATER RIGHTS OF: THE CITY OF LITTLETON, COLORADO AND THE SOUTH SUBURBAN PARK AND RECREATION DISTRICT, IN ARAPAHOE COUNTY. The City of Littleton and the South Suburban Park and Recreation District ( "Applicant "), and the objector Colorado Water Conservation Board (the "CWCB ") (collectively referred to as "the parties "), through their undersigned attorneys, hereby stipulate and agree as follows: 1. Applicant has applied for a number of water rights wherein the Applicant will control the water in its natural course, and place the water to a beneficial use in a defined segment of the river channel. The parties recognize and confirm that the CWCB is vested with the "exclusive authority" to appropriate "instream flows in a stream channel between specific points." 2. The parties recognize that the CWCB may, through a statutory change, hold recreational instream flow water rights in the future. The parties agree that if there is a statutory change permitting the CWCB to hold recreational instream flow water rights, the Applicant agrees to then discuss with the CWCB the donation of the water rights that are the subject of this case to the CWCB. The parties further agree that any such donation agreement would be contingent upon the Applicant being able to fully protect these water rights, and the Applicant being able to assure that the water rights will not be abandoned or diminished in any way. 3. The Applicant has applied for a conditional water right for Boatchute No. 10. The CWCB has examined this boatchute and, as currently constructed, the CWCB will not contest whether this boatchute meets the legal control requirements. As such, the CWCB will not contest the applicant's proposed conditional water right for this Attachment 1