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5-90CW308 Final Decree + Stips
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5-90CW308 Final Decree + Stips
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Last modified
4/15/2016 11:33:43 PM
Creation date
3/27/2013 12:09:34 PM
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Template:
Instream Flow Appropriations
Case Number
90CW0308
Stream Name
Fraser River
Water Division
5
Instream Flow App - Doc Type
Final Decree/Stipulations
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RECEIVED <br />DISTRICT COURT, WATER DIVISION NO.�1, COLORADO 'JAN 27 1997 <br />Case No. 90CW308 vrArEpREBCx�tC:S <br />SrATF EN( WEEP <br />STIPULATION <br />IN CONNECTION WITH THE APPLICATION FOR WATER RIGHTS OF THE <br />COLORADO WATER CONSERVATION BOARD <br />IN GRAND COUNTY. <br />Applicant the Colorado Water Conservation Board ("CWCB ") �,nd Objector, the City of <br />Englewood, by and through its attorneys Chrisman, Byrum `c Zohnso; P.C., hereby stipulate <br />and agree as follows: <br />1. Englewood shall not oppose entry of a decree herein . -hich contains terms and <br />conditions no less restrictive than those contained in CWCB's draf_ proposed decree dated <br />August 1, 1996, attached hereto as Exhibit A. <br />2. This Stipulation is entered into by way of compromise and settlement of this <br />litigation and Englewood's agreement not to oppose entry of said proposed decree shall net be <br />construed as concurrence with any findings of fact or conclusions of law contained therein or <br />with the engineering methodologies utilized by CWCB, and nothing contained in said proposed <br />decree shall be binding upon either party in any other proceeding. <br />3. Englewood shall be notified by Applicant of any propose;; changes in the decree <br />whether by Applicant, other objectors, or the Court. Applicant will promptly deliver to <br />Englewood all further pleadings filed in the case. <br />4. CWCB agrees not to seek or agree to any decree ,vi ich i� less restrictive than the <br />draft decree referred to above. <br />5. This Stlpul?.tion h li ltc bindin' din +ilk' pc <S lM� sure SS <br />'I'll t}PS aiidLSSItnS ai'iil <br />the parties will be responsible for their own attorneys fees and costs in this matter. <br />6. CWCB and Englewood hereby move the Court to enter an Order approving this <br />Stipulation. <br />Executed this day of October, 1996. <br />e c <br />_. <br />is <br />�dw <br />
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