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<br /> <br />e <br /> <br />- <br /> <br />Q <br /> <br />9-13 01; 10:26AM;TIENKEN HILL, LLP <br /> <br />;303 926 0853 <br /> <br /># 8/ 14 <br /> <br />21. Engineers are 9P~os~rs in Case Nos. 99CW171 and <br />00CW060. Engineers shall J01n 1n a Motion to rescind the May 7, <br />2001, Order granting a Stay of proceedings in Case No. 99CW171, <br />and' stipulate to the immediate entry of decrees in Case Nos. <br />99CW171 and 00CW060 in the forms previously provided. <br /> <br />22. The CWCB is an Opposer in Case No. 00CW060. The CWCB <br />is an Applicant in Case Nos. 94CW250, 94CW251, 94CW256, 94CW259 <br />and 94CW260, also currently pending before the Court. The CWCB <br />shall stipulate to the immediate entry of a decree in Case No. <br />00CW060 in the form previously provided. Upon issuance of an <br />Order by the Court which rescinds the finding set forth in the <br />January 31, 2000, Order that "Buffalo Park cannot meet the "can <br />and will" test unless and until CWCB' s pending Applications are <br />denied," and the entry of a decree in Case No. 94CW290(A) , Buffalo <br />Park shall either withdraw its Statements of Opposition filed in <br />Case Nos. 94CW250, 94CW251, 94CW256, 94CW259 and 94CW260, or <br />stipulate to the immediate entry of decrees in those cases in the <br />forms previously provided. Until the Court enters such an Order, <br />and the decree is entered in Case No. 94CW290 (A) , Buffalo Park <br />shall not be precluded from continuing to oppose the claims made <br />by the CWCB in Case Nos. 94CW;;l50, 94CW251, 94CW256, 94CW259 and <br />94CW260. Buffalo Park Development Company agrees that until the <br />Court enters an Order and Case No. 94CW290(A) is decreed, Buffalo <br />park Development Company will not attempt politically or by <br />pretrial motion to reduce the claims in the CWCB cases. If the <br />court rejects or fails to act by October 1, 2001, then the <br />previous limitation shall automatically expire. The firm yield <br />set forth in paragraph 10 shall not be affected by the outcome of <br />the CWCB cases. <br /> <br />23. Red Rocks is an Opposer in Case No. 00CW060. Red Rocks <br />shall stipulate to the immediate entry of a decree in the case in <br />the form previously provided. Applicant and Red Rocks hereby <br />specifically agree that the upstream exchange of water in Turkey <br />Creek or its tributaries, as described in the document attached <br />hereto as Attachment "1", may only be operated when Red Rocks' <br />fOllowing described water rights are fully satisfied to the extent <br />that such rights are legally and physically in priority, and <br />diversions are being made by Red Rocks, or such rights are out of <br />priority: (a) 2.7 cfs from the 3.0 cfs of the Upper Spickerman <br />Ditch water right with an appropriation date of November l, 1862, <br />as adjudicated by the Arapahoe County District Court by Decree <br />dated February 4, 1884 and transferred to the headgate of the <br />Independent High Line Ditch by the Decree in Case No. 62753, <br />Denver County District Court, dated February 24, 1917; (b) 6.3 cfs <br />from the 7.0 cfs of the Independent High Line Ditch water right <br />with an appropriation date of September 6, 1878 as adjudicated by <br />the Arapahoe County District Court by Decree dated February 4, <br />1884; (c) 125,4 acre-feet adjudicated to the King Fisher Lake No. <br />C702 water right with an appropriation date of March 15, 1955; by <br />Decree of the Water Court in Case No. W-7589-74 dated May 23, <br />1977, Water Division No.1, State of Colorado; and (d) 108 acre- <br />feet adjudicated to the Willow Springs Reservoir No. CI081 water <br /> <br />7 <br />