Stipulation Between Applicant and Opposer Public Service Company, and Order Approving Stipulation, Including Draft Exhibit 1 Findings of Fact, Consclusions of Law, and Decree of the Court

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EXHIBIT 1 DRAFT: 01/03/07 MUD Document DISTRICT COURT, WATER DIVISION NO. 7, filing Date: Jun 1200712:31PhI MUM COLORADO Filing ID: 15080828 1060 E. 2n Avenue, Suite 106 Review Clerk: Paula Petersen Durango, CO 81301 -5157 (970) 247 -2304 CONCERNING THE APPLICATION FOR WATER RIGHTS OF CITY OF DURANGO IN LA PLATA COUNTY COURT USE ONLY Case Number: 06CW9 FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT AND DECREE This application was filed with the Water Clerk, Water Division No. 7, on February 28, 2006, and the Court, having considered the pleadings, the findings and recommendations of the Colorado Water Conservation Board, the recommendations of the Division Engineer, the stipulations of the parties, and the evidence presented, does hereby find and conclude as follows: FINDINGS OF FACT 1. The name and address of the applicant are: City of Durango, c/o Robert F. Ledger, Jr., City Manager, 949 E. 2 nd Avenue, Durango, CO 81301 -5109. 2. Timely and adequate notice of the application was given as required by statute, and the Court has jurisdiction over the subject matter of this proceeding and over all parties affected hereby, whether they have appeared or not. None of the lands or water involved in this application are within the boundaries of a designated groundwater basin. 3. Timely statements of opposition were filed by Covert Ditch, Gary Harbison, Celadon II Ditch Company, Dillon Ranches LLLP, Sandco, Inc., David D. Dillon, Durango West Metropolitan District No. 1, Dan Hopper and Karen W. Hopper, Robert E. Pope and Constance W. Pope, Trustees of the Pope Family Trust dated February 1, 1981, Tierra Hermosa LLC, Mary Jane Clark, South Dalton Ranch Home Owners Association, Animas Water Company, Animas Consolidated Ditch Company, Edwin Zink, Colorado Water