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s 11„ <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 RIGHTS <br /> OF THE EAGLE RIVER WATER & SANITATION DISTRICT <br /> IN EAGLE COUNTY, COLORADO <br /> A COURT USE ONLY • <br /> Porzak Browning& Bushong LLP Case Number: 08CW72 <br /> Glenn E. Porzak (#2793) (00CW259) <br /> Eli A. Feldman (#36871) <br /> 929 Pearl Street, Suite 300 <br /> Boulder, CO 80302 Water Division: 5 <br /> Tel: 303-443-6800 <br /> Fax: 303-443-6864 <br /> Email: gporzak @pbblaw.com <br /> STIPULATION BETWEEN APPLICANT AND THE COLORADO WATER <br /> CONSERVATION BOARD <br /> Applicant the Eagle River Water& Sanitation District ("the District") and Objector <br /> the Colorado Water Conservation Board ("CWCB"), by and through their undersigned <br /> attorneys, hereby stipulate and agree as follows: <br /> 1. The District and the CWCB desire to enter into this Stipulation and Agreement <br /> for the purpose of resolving the CWCB's opposition in this case. <br /> 2. The District will designate an agency official (and/or any alternate agency <br /> officials or designees) in writing to the Division Engineer, who is authorized to place a "call" <br /> for the water rights adjudicated in the above captioned matter. The District may change the <br /> designation of that agency official (and/or any alternate agency officials or designees) from <br /> time to time. <br /> 3. The CWCB stipulates and agrees to the entry of a ruling and decree in the above <br /> captioned matter on terms and conditions no less restrictive upon the District than those set <br /> forth in the proposed decree attached hereto as Exhibit A. <br /> 4. This Stipulation is entered into by way of compromise and settlement of this <br /> litigation. Any agreements or terms and conditions herein are due solely to the unique <br /> circumstances of this case and the resulting Stipulation. This Stipulation shall not establish <br /> any precedent and shall not be construed as a commitment to include any specific findings of <br />