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boatchute. In addition, the CWCB agrees not to oppose an application by the Applicant <br />to make the water right for Boatchute No. 10 absolute, as long as the future application <br />comports with the current application, and as long as the structure is not modified <br />significantly. <br />4. The CWCB has also examined Boatchutes 4 and 9 and, as currently constructed, <br />the CWCB will not contest whether these boatchutes meet the legal control requirements. <br />As such, the CWCB will not contest the applicants' proposed absolute water rights for <br />Boatchutes 4 and 9. <br />5. The Applicant has applied for a water right for 70 c.f.s. (April 1 through <br />October 31) and 30 c.f.s. (November 1 through March 31) for "recreation (development <br />and enhancement of a fishery habitat)." The parties agree that the identified uses <br />"development and enhancement of a fishery habitat" are limited to the aspect of the <br />project that permits fish passage through structures similar to a fish ladder. As such, the <br />entry of this decree is not an expansion of the holding in City of Thornton v. City of Fort <br />Collins 830 P.2d 915 (Colo. 1992). <br />6. The Applicant has provided adequate information showing that there is water <br />available for this appropriation. <br />7. This stipulation shall be binding upon the parties hereto, their successors, and <br />assigns. <br />8. Within fourteen days of the date on which both parties have signed this <br />stipulation, the Applicant shall file a motion requesting the Water Court for Water <br />Division No. 1 to enter an order approving this stipulation. <br />9. The Applicant agrees that it will not seek a referee's ruling and /or decree with <br />terms that are inconsistent with this stipulation or that are any less restrictive on the <br />Applicant than those contained in the stipulation. <br />10. The CWCB shall remain on the mailing list in this case and shall be provided <br />with a copy of any proposed referee's ruling and /or decree in this matter. The CWCB <br />agrees that it will not oppose the entry of any proposed referee's ruling and /or decree that <br />is consistent with this stipulation. <br />11. This stipulation is entered into by way of compromise and settlement of this <br />litigation and the CWCB's agreement not to oppose entry of said proposed decree shall <br />not be construed as concurrence with any findings of fact or conclusions of law contained <br />2 <br />