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DRAFT - 9/26/01 <br />SECWCD - AURORA IGA <br />issues in Case Nos. 99CW169 and 99CW170, Water Division No. 2. The timeline shall <br />target reaching a settlement stipulation with Southeastern in Case No. 99CW169 by <br />December 15, 2001, and in Case No. 99CW170 by February 15, 2002. <br />2. Concurrent with the execution of a stipulation between Aurora and <br />Southeastern settling the outstanding issues in Case No. 99CW169, Aurora will enter into <br />settlement stipulations with Southeastern in Case Nos. 99CW 160 (Grape Creek <br />Exchange), OOCW138 (Pueblo Reservoir Enlargement) and OOCW139 (Turquoise <br />Reservoir Enlargement), Water Court, Water Division No. 2. Southeastern's execution <br />of a settlement stipulation in Case No. 99CW169 will be contingent upon the concurrent <br />stipulation to decrees or withdrawal of statements of opposition in Case Nos. 00CWl38 <br />and OOCW139 by the Rocky Ford Ditch Sellers Group as well. <br />3. While Southeastern may enter into a settlement stipulation with Aurora in <br />Case No. 99CW169 and /or 99CW170 prior to enactment of legislation authorizing <br />contracts with Aurora for use of Fry -Ark Project facilities and /or execution of a contract <br />pursuant thereto, any such stipulation will provide, at a minimum, (a) that any decree <br />entered in each case will require, as a condition to Aurora's use of any Fry -Ark Project <br />facilities described in the decree, that Aurora have a valid contract for such use in effect <br />at the time of such use; and (b) that a final decree will not be entered until after enactment <br />of such authorizing legislation and execution of a contract pursuant thereto between <br />Aurora and the United States; provided that if this condition "b" for entry of a final <br />decree is not satisfied by the later of October 15, 2002 or adjournment of the 107th <br />21 <br />