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<br />.' <br /> <br />\." <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br /> CIA <br /> sc <br />DISTRICT COURT, WATER DMSION NO.5, COLORADO ASC <br />F <br /> I <br />Case No. 9OCW250 L <br /> E <br /> <br />STIPULATION <br /> <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF: <br /> <br />NED GOLDSMITH, in Eagle County, Colorado <br /> <br />The Applicant, NED GOLDSMITH, by his counsel, LEAVENWORTH & LOCHHEAD, <br />P.C., and the Objector, COLORADO WATER CONSERVATION BOARD (the "Board"), by <br />its attorney GALE NORTON, Colorado Attorney General, in order to protect the decreed <br />in stream flow water rights owned' by the Board against injury resulting from the above- <br />referenced application for change of water rights, hereby stipulate as follows: <br /> <br />1. By this application for change of water right, filed on December 12, 1990, the <br />Applicant seeks the Court's approval to divert the Ferguson Ditch at its originally decreed <br />location and two downstream alternate points of diversion as more fully described in the original <br />application. <br /> <br />2. The Board has obtained decreed water rights in Case No. 5-80CWl16 on Gypsum <br />Creek to preserve the natural environment. <br /> <br />3. The Applicant's diversion of the Ferguson Ditch right at the Booth Pump and <br />Pipeline or Phillips Ditch alternate points shall be limited to the amount of water physically and <br />legally available at the original Ferguson Ditch headgate. Applicant's diversion at either of the <br />proposed alternate points shall be limited to the historic irrigation season of the Ferguson Ditch <br />(mid-May through mid-October). <br /> <br />4. Applicant may use the Ferguson Ditch right to irrigate either of the two fields <br />described in the application. Applicant must designate the field to be irrigated prior to the start <br />of the irrigation season. One change in the field to be irrigated may be made during the <br />irrigation season. Once changed, the Applicant shall cease use of the Ferguson Ditch water right <br />on the other field for the balance of the season. <br /> <br />5. To administer the terms of this stipulation, Applicant shall install and maintain <br />a gage at his own expense and monitor water availability at the original Ferguson Ditch <br />headgate. Applicant shall also install a totalizing flow meter on the Booth Pump and Pipeline <br /> <br />C:\fIlESIGOW.2ST <br />^_20.1991 <br />