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<br /> <br />9-13-01; 10:26AM;TIENKEN HILL, LLP <br /> <br />;303 926 0863 <br /> <br /># 9/ 14 <br /> <br /> <br />right with an appropriation date Of November 29, 1963, by Decree ~ <br />of the Water court in Case No. W-7589-'74 dated Nay 23, 1977, Water .. <br />Division No.1, State of Colorado. <br /> <br />24. Genesee is an Opposer in Case Nos. 99CW096 and 99CWl08. <br />Genesee shall join in a Motion to rescind the May 7, 2001, Order <br />granting a Stay of proceedings in Case Nos. 99CW096 and 99CW108, <br />and stipulate to the immediate entry of decrees in both cases in <br />the forms previously provided. <br /> <br />25. To the extent that any of the Opposers are parties in <br />Case No. 98CW29l (Application of bavid J. Figuli, et. al.); Case <br />No. 98CW292 (Application of Conifer Corners, LLC et. al.); and <br />Case No. 99CW2l2 (Application of Jami, Jensen et. aI.), they shall <br />stipulate to the entry of decrees in those cases as long as terms <br />and conditions consistent with th~ requirements set forth herein <br />are contained in the decrees proposed by the applicants in those <br />cases. <br /> <br />26. The parties hereby request that the Court enter the <br />following Orders: <br /> <br />(al An Order approving this Stipulation. <br /> <br />(b) An Order modifying the Court's Orders of January 21, <br />2000, and May 23, 2000, specifically finding that Buffalo Park's <br />ability to meet the "can and will" test is not dependent upon the ~ <br />ultimate outcome of the CWCB pending Applications in Case Nos. .. <br />94CW250, 94CW25l, 94CW259 and 94CW260, and allowing this matter to <br />proceed as provided herein. <br /> <br />(c) An Order bifurcating this case so that "well to well" <br />interference questions associated with the wells to be constructed <br />in the Bear Mountain vista Subdtvision are separated from the <br />other issues in the Case. <br /> <br />(dl An Order terminating the O~der for Stay entered by Judge <br />Klein on May 7, 2001, in Case ~os; 98CW45l, 99CW096, 99CWI08, <br />99CW122 and 99CW171, so that those ~tters can proceed to decree. <br /> <br />(el An Order terminating the Order for Stay entered in Case <br />No. 98CW291 on November IS, 2000, to allow the matter to proceed <br />to decree. <br /> <br />(f) An Order approving the entry of a Decree in Case No. <br />94CW290 (A) in the form attached as Attachment "1." <br /> <br />(g) An Order that a trial in Case No. 94CW290(B) shall be <br />set upon notice by Applicants. <br /> <br />A form of Order to be presented to the Court is attached as <br />Attachment "4." <br /> <br />e <br /> <br />8 <br />