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<br /> . FROM:"atural TO: 303 866 4474 FlPR 22. 1993 4:04PM 11494 P.05 <br />, <br />, <br />e <br /> DISTRICT COURT, WATER DIVISION 5, COLORADO <br /> Case No. 91CW211 <br /> <br />----------------------------------------------------------------- <br /> <br />STIPULATION <br /> <br />----------------------------------------------------------------- <br /> <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF <br />BEAZER EAST INC. & DIAMOND BAR T RANCH LTD. <br /> <br />IN GRAND COUNTY, COLORADO <br /> <br />----------------------------------------------------------------- <br /> <br />e <br /> <br />Applicants, Beazer East, Inc. and Diamond Bar T Ranch Ltd. <br />Liability co., and Intervenor, the Colorado Water Conservation <br />Board (the "Board"), by and through the undersigned attorneys, <br />hereby stipulate and agree as follows: <br /> <br />1. The Applicants seek approval for an alternate point <br />of diversion and have constructed a new ditch which diverts from <br />the south fork of Ranch Creek into Ranch Creek for the purpose of <br />providing water for diversion at the old point of diversion of <br />Diamond Bar Tee No. 2 Ditch to irrigate up to 100 acres located <br />in the Wl/2, SEl/4i El/2, SWl/4; SWl/4, NEl/4 and SEl/4, NWl/4 <br />all in Section 15, Township 1 South, Range 7S West, 6th P.M. that <br />was historically irrigated under that ditch. <br /> <br />for <br />the <br /> <br />2. <br />a water <br />natural <br /> <br />The Applicants acknowledge that the Board has applied <br />right on Ranch Creek (Case No. 90CW306) to preserve <br />environment on Ranch Creek. <br /> <br />3. The Board has filed a Motion to Intervene in this <br />case (91CW211) to protect the Board's instream flow rights on the <br />Main Fork of Ranch Creek. <br /> <br />e <br /> <br />4. Any decree entered herein shall contain terms and <br />conditions at least as restrictive on the Applicants as those <br />contained in the proposed decree of 2/23/93 and shall also con- <br />tain the followinq subparagraphs in their entirety: <br /> <br />a. The water diverted throuqh the alternate point <br />of diversion requested in this case shall be used only for irri- <br />gation purposes and shall be limited to the amount of water which <br />is physically and legally available during the historic irri- <br />qation season at the Diamond Bar Tee No. 3 Ditch's oriqinal point <br /> <br />[ <br /> <br />( <br />