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w <br />DRAFT PROPOSAL — NOT FOR FILING <br />DISTRICT COURT, WATER DIVISION NO. 5, STATE OF <br />COLORADO <br />109 - 8th Street, Suite 104 <br />Glenwood Springs, CO 81601 <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF <br />OF THE EAGLE RIVER WATER & SANITATION DISTRICT, <br />IN EAGLE COUNTY, COLORADO <br />A COURT USE ONLY A <br />Porzak Browning & Bushong LLP <br />Case Number: OOCW259 <br />Glenn E. Porzak ( #2793) <br />Steven J. Bushong ( #21782) <br />Division: 5 <br />929 Pearl Street, Suite 300 <br />Boulder, CO 80302 <br />Tel: 303- 443 -6800 <br />Fax: 303 - 443 -6864 <br />Email: gporzak @pbblaw.com <br />PROPOSED STIPULATED FACTS <br />1. The application in this case was filed December 26, 2000. <br />2. Timely statements of opposition were filed by the State and Division Engineers, <br />the Colorado Water Conservation Board, Trout Unlimited, the Northern Colorado <br />Water Conservation District, and the Cities of Aurora and Colorado Springs, <br />acting through the Homestake Project. <br />3. The Cities of Aurora and Colorado Springs acting through the Homestake Project <br />have consented to the entry of a proposed decree granting the application. <br />4. Recreation and piscatorial uses are beneficial uses of water in Colorado. <br />5. The parties stipulate to an appropriation date for the claimed conditional rights of <br />February 10, 2000. As of that date, the District satisfied the elements of forming <br />an intent to appropriate the water claimed and making an overt, physical act <br />constituting the first step toward diversion and application of the claimed water <br />rights to a beneficial use. The District has pursued the appropriation of the <br />conditional water right with diligence during the time since forming the intent and <br />taking the overt act. <br />Tm0286 <br />STATE'S <br />EXHIBIT <br />EF <br />d <br />