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<br />4-23-93 15:06 <br /> <br />.. <br /> <br />303 666 4474:# 2 <br /> <br />SENT BY: S S R & D <br /> <br />. <br /> <br />. <br /> <br />e <br /> <br />,!.t ~ .j <br /> <br />DISTRICT COURT, WATER DIVISION 5, COLORADO <br />Case No. 92CW274 <br /> <br />STIPULATION <br /> <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF DR. EDGAR S. DOWNS <br />IN SUMMIT COUNTY <br /> <br />Applicant, Dr. Edgar S. Downs, and Objector, the Colorad9 <br />Water Conservation Board (the "Board.") through his undersigned <br />attorneys, hereby stipulate and agree as follows: <br /> <br />1. The Applicant seeks approval of a plan for augmentation <br />involving two wells on property owned by the Applicant. . <br /> <br />2. The Applicant acknowledges that the Board has decreed <br />water rights in Case No. 86CW2l7, with an appropriation date of <br />March 14, 1986, to preserve the natural environment on the Blue <br />River, which rights were decreed prior to the filing of the <br />application in Case No. 92CW274. <br /> <br />3. To prevent injury to the Board's water rights during <br />the non-irrigation season, the Applicant has purchased from <br />Summit County .076 acre-feet of water per year of "Dillon Storage <br />Water", (see attached quit claim deed from Summit County to <br />Applicant) as that term is defined in the Upper Blue River Basin <br />Memorandum of Agreement dated October 25,1988 (the "MOU"). <br /> <br />'. 4 . Any decree entered herein shall contain terms and <br />conditions at least as restrictive on the Applicant as the <br />proposed decree of March 10, 1993 and shall also contain the <br />following subparagraphs in their entirety: <br /> <br />a. Pursuant to the agreement between the Applicant and the <br />Board of County Commissioners of Sununit county ("the County") . <br />dated October 31, 1991, and the Upper Blue River Basin Memorandum <br />of Agreement dated October 25, 1988 (the "MOU") between the Board <br />and the County, the Applicant will comply with all terms and <br />conditions of Appendix C to that agreement including, but not <br />limited to, the following: <br /> <br />1. Return flows' from diversions by the well will be <br />. returned to the Blue River at or upstream of the points <br />of diversion. This requirement shall apply regardless <br />of the method or location of sewage treatment chosen by <br />the Applicant. <br /> <br />2. During each of the months October through March, <br />the Applicant's maximum consumptive use of the water <br />from the County User Pool shall be no greeter than <br /> <br />-1- <br />