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<br />fI,:".'\ <br />~./ <br /> <br />! <br />,_.' <br /> <br />IN THE DISTRICT COURT IN AND FOR <br />WATER DIVISION NO. 2 <br />STATE OF COLORADO <br /> <br />Case No. W-4l,64 <br /> <br />IN THE MATTER OF TIlE APPL!CA'UON ) <br />FOR WATER RIGHTS OF TilE COLORADO ) <br />WATER CONSERVATION BOARD ON ) <br />IlEHALF OF THE l'EOPLE OF TIlE ) <br />STATE OF COLORADO ) <br />) <br />IN RAINBOW LAKE ) <br />) <br />IN CUSTER COUNTY. ) <br /> <br />STIPULATION <br /> <br />COMES NOW the applicant, Colorado Water Conservation <br />Boa;d, by and th;ough its attorney, J. D. MaCFarlane, Attorney <br />Gene;al of the State or Colorado, and the Objector, LakQ Creek <br />Wa.ter Users Association, by and through j,ts a.ttorneysJ Menden- <br /> <br />hall and Mendenhall, and agree and stipulate as follows: <br />1. That the applicant applicd for an ab501ute decree in <br />Rainbow Lake for the storage of approximately 800 acre feet of <br />water pursuant to C.R.S. 1973, 37-92-102(3) and 37-92-103(3) <br />(4) and (10) (known as Senate Bill 97). <br /> <br />2. That the application was subsequently published pur- <br /> <br /> <br />suant to law and appeared in the May 1976 resume for \,ater <br /> <br />Division No.2. <br /> <br />3. That the. opponent filed a timely Statement of Opposi~ <br /> <br />tion to said application, alleging. among other things, that <br />it was the owne.r of water rights deriving their source from <br />Lake Creek in Fremont County, Colorado, and that the source of <br />supply for said water rights was, in part, water tributar.y to <br /> <br />the subject Rai.nbow Lake. In addition, that the opponent was <br /> <br />the holder of a special use permit from the United States <br /> <br />Forest Service dated October 15, 1940, pern,iCting the bypassing <br /> <br />\ <br />, <br />, <br /> <br />--"7 <br /> <br />\!j -< <br />0. ~f? <br />';\0. <br /> <br />-. <br />