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e <br />r <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 <br />RIGHTS OF THE TOWN OF BRECKENRIDGE, <br />IN SUMMIT COUNTY, COLORADO <br />0 COURT USE ONLY 0 <br />Glenn E. Porzak ( #2793) Case Number: OOCW281 <br />Steven J. Bushong ( #21782) <br />Porzak Browning & Bushong LLP <br />929 Pearl Street, Suite 300 <br />Boulder, CO 80302 <br />Tel: 303 - 443 -6800 Division: 5 <br />Fax: 303 - 443 -6864 <br />Email: gporzak @pbblaw.com <br />sibushong@pbblaw.com <br />PROPOSED STIPULATED FACTS <br />1. The application in this case was filed December 28, 2000. <br />2. Timely statements of opposition were filed by the State and Division Engineers, <br />the Colorado Water Conservation Board, Trout Unlimited, and the City of <br />Colorado- Springs. <br />3. The City of Colorado Springs has consented to the entry of a proposed decree <br />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, Breckenridge satisfied the elements of <br />forming an intent and making an overt, physical act constituting the first step <br />toward diversion and application of the claimed water rights to a beneficial use. <br />Breckenridge has pursued the appropriation of the conditional water right with <br />diligence during the time since forming the intent and taking the overt act. <br />Tm0294 -° STATE`S <br />EXHIBIT <br />o G <br />