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DISTRICT COURT, WATER DIVISION NO. 1, STATE OF <br />COLORADO <br />901 9th Avenue, Room 418 <br />Greeley, CO 80631 <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF <br />THE CITY OF GOLDEN <br />IN JEFFERSON COUNTY, COLORADO <br />A COURT USE ONLY A <br />Porzak Browning & Bushong LLP <br />Case Number: 98CW448 <br />Glenn E. Porzak ( #2793) <br />929 Pearl Street, Suite 300. <br />Water Division: 1 <br />Boulder, CO 80302 <br />Tel: 303 -443 -6800 <br />Fax: 303 - 443 -6864 <br />Email: gporzak@pbblaw.com <br />STIPULATED FACTS <br />The City of Golden, Applicant in the above captioned matter, and the Colorado Water <br />Conservation Board and the State and Division Engineers (collectively the "State "), hereby <br />stipulate and agree to the following matters: <br />1. The application in this case was filed on December 30, 1998. <br />2. Timely statements of opposition were filed by Coors Brewing Company, City of <br />Arvada, Town of Georgetown, City of Westminster, CWCB, Clear Creek Skiing <br />Corporation, County of Clear Creek and Town of Idaho Springs. <br />3. The State and Division Engineers were permitted to intervene in this litigation by <br />Order of the Court dated January 3, 2001. <br />4. The City of Arvada, Town of Idaho Springs and the Coors Brewing Company <br />withdrew their statements of opposition. . <br />5. The City of Westminster, Clear Creek Skiing Company, Town of Georgetown <br />and County of Clear Creek have consented to the entry of a proposed decree <br />granting the application. <br />6. Recreation is a beneficial use of water. <br />PHO190 <br />D <br />D <br />EXHIBIT <br />