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Water Court, Division 2 <br /> Case No. 12CW39 <br /> Stipulation between Applicant and Opposer CWCB <br /> Page 2 <br /> Applicant and no less protective of Opposer's interests than, the proposed decree dated <br /> January 30, 2014 attached hereto as Exhibit 1 ("Proposed Ruling") and incorporated <br /> herein by this reference, Opposer has no objection to the entry of such decree. <br /> 2. Opposer may remain a party to this proceeding to ensure that the <br /> substantive terms of the stipulation are included in any decree entered in this case, to <br /> ensure that said decree is otherwise consistent with the intent and spirit of this <br /> stipulation, and to participate in any proceedings under the Court's retained <br /> jurisdiction. <br /> 3. Applicant will provide Opposer copies of future drafts of any ruling or <br /> decree submitted to the Water Referee or to the Water Court. <br /> 4. This Stipulation shall be binding on the parties, their successors and <br /> assigns, and the parties shall each be responsible for their own attorney fees and costs <br /> in this matter. Each party represents and affirms that the signatories to this stipulation <br /> are legally authorized by that party. This Stipulation shall be enforceable by the parties <br /> as either an agreement or an order of the Water Court. <br /> 5. This Stipulation is entered by the parties to cooperatively resolve disputed <br /> issues specific to Applicant's claims in this case, and to avoid litigation relating to the <br /> same. Applicant acknowledges that unless Applicant adequately demonstrates during <br /> the next diligence filing and case concerning the subject water rights, that it has <br /> undertaken significant, additional steps towards completing the appropriation of water <br /> rights specifically associated with Structure 9 of the Arkansas River Whitewater Park, <br /> the Applicant will not seek diligence for the water rights associated with Structure 9 in <br /> that future proceeding. <br /> DATED: _ <br /> Christopher L. Thorne <br /> Meghan N. Winokur <br /> Holland & Hart LLP <br /> Daniel C. Kogovsek, <br /> Pueblo City Attorney <br /> ATTORNEYS FOR APPLICANT <br /> PUEBLO, A MUNICIPAL CORPORATION <br />