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<br />. <br /> <br />. <br /> <br />. <br /> <br />to notify the CWCB of the "base water demand" after build-out of the Project is initiated. <br />Applicants shall also be required to notify the CWCB when both "triggers" are satisified. <br />Applicants shall install a device adequate to satisfy the provisions in subparagraph (F) and shall <br />perform the in-stream improvements described in subparagraph (G) no later than the October I <br />following the satisfaction of both "triggers." <br /> <br />1. In addition to any retained jurisdiction required by C.R.S. S 37-92-304(6), <br />the Court shall also retain jurisdiction in the event that the triggers for subparagraph (F) are <br />satisfied, but subparagraph (F) cannot be accomplished because permit approval for the new <br />discharge location cannot be obtained or a significant technical or financial obstacle is <br />encountered. In that instance, the Court shall reconsider the limited question of injury to the <br />Upper Eagle River ISF within the stream reach between the Raw Water Booster Pump and the <br />point of discharge from the Avon Wastewater Treatment Plant, and the facts relevant thereto. <br /> <br />3. This stipulation shall be binding upon the parties 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 requesting that the Water Court for Water Division <br />5 enter an order approving this stipulation. <br /> <br />5. The Applicants agree that it will not seek a referee's ruling and/or decree with <br />terms that are inconsistent with this stipulation or that are any less restrictive on the Applicants <br />than those contained in the stipulation. <br /> <br />6. The CWCB shall remain on the mailing list in this case and shall be provided with <br />a copy of any proposed referee's ruling and/or decree in this matter. The CWCB agrees that it <br />will not oppose the entry of any proposed referee's ruling and/or decree that is consistent with <br />this stipulation and that contains terms and conditions at least as restrictive on Applicants as <br />those set forth above. <br /> <br />Dated this _ day of <br /> <br />,1999. <br /> <br />S80432 <br /> <br />-3- <br />