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<br />nAK-cb-~~ rKl U~;~~ rn rUKlH~ bKUWN1N~ ~ JUNN~. <br /> <br />rHh NU. JUJ <br /> <br />r. u't/;uQ '>" <br /> <br />to notify the CWCFl of the "basc watcr dcmand" after build-out ofthc Projcct is initiated. <br />Applicants shall also bc rcquired to notify the eWeR when both "triggers" are satisified. . <br />Applicants shaH install a devise adcquatc to satisfy thc provisions in subparagraph (F) and shaH <br />pClform the in-stream improvements described in subparagraph (0) no later than the October] <br />lallowing the satisfaction of both "triggers." <br /> <br />I. In addition to any retainedjurisdictiol1 required by C.R.S. ~ 37-92-304(6), <br />the Court shall also retain jurisdiction in the event that the triggers for subparagraph (F) arc <br />SAtisfied, but subparagraph (F) cannot be accomplishcd because pcrmit approval for the new <br />discharge location cannot be obtained or a significant technical obstacle is encountered. In that <br />inslance, the Court shall reconsider the limited question ofinjury to the Upper Eagle River IS}' <br />within the stream reach between the Raw Water Flooster Pump and the point of discharge from <br />the A von Wastewater Treatmcnt Plant, and the facts relevant thereto. <br /> <br />3. This stipulation shall be binding upon the patties hereto, their successors, and <br />assigns. <br /> <br />4. Within fourteen days of the date on which both parties have signed this <br />stipulation, the Applicants shall file a motion rcquesting that the Water Court for Water Division <br />5 enter an order approving this stipulation. <br /> <br />5. The Applicants agrec that it will not seek a referee's nlling audlor decree with <br />terms thllt ore inconsistent with this stipulation or that are any Jess restrictive on the App]icants <br />than those contained in the stipulation. <br /> <br />. <br /> <br />6. The CWCS shall fcmain on the mailing list in this case and shall be provided with <br />a copy of any proposed referee's ruling anU/or decree in this malter. The CWCR agrees that it <br />will not oppose the entry of any proposed referee's ruling llnU/or decree that is consistent with <br />this stipulation and that contains temlS and conditions at least as restrictive on Applicants as <br />those set forth above. <br /> <br />Dated this <br /> <br />day of <br /> <br />, ]999. <br /> <br />. <br /> <br />500432 <br /> <br />-3- <br />