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. 94CW290 to proceed, Should the Board ratify this stipulation and authorize the Attorney General to sign on the Board's behalf, Applicants in Case 94CW290 will sign stipulations, agreeing to the proposed decrees in the Board's instream flow water rights on Bear Creek, Cub Creek, Blue Creek, and North Turkey Creek. Below is a summary of the terms of the stipulation: . The key aspect of the stipulation is the agreement wherein the CWCB agrees to accept an impact of less than 1 % on its instream flows in exchange for the withdrawal of all opposition to those instream flow appropriations. Currently, the five instream flow claims at issue are being contested and will go to trial. Through this stipulation all five instream flow claims will be decreed as filed with no further litigation. . The parties to the stipulation are all the entities claiming water rights in 94CW290, (Buffalo Park, inc., Evergreen Memorial Park Inc" Colorado Mountain Park Inc" North Fork Associates, Inc" and Mountain Mutual Reservoir Company) and various opposers. At this time not all of the opposers from trial have agreed to the terms and conditions of the stipulation, . The parties agrees that the priority date for the water right claims in case number 94CW290 is December 30, 1994 Gunior to those for instream flow appropriations). . . The applicants' engineering underlying the claimed exchanges and augmentation plan was re-modeled with the assumption that the CWCB instream flow appropriations pending in Case Nos. 94CW250, 94CW251, 94CW256, 94CW259 and 94CW260 are decreed as requested and are senior water rights claimed in Case No. 94CW290, The stipulation concludes that as a result of more comprehensive and sophisticated investigations, even with the requirement that the CWCB instream flow rights be fully satisfied, exchange capacity on Turkey Creek and Bear Creek is available for Applicants in Case No. 94CW290 to operate their proposed plan. . The CWCB agrees that to the extent depletions associated with water diversions by MMRC shareholders in the Bear Creek and Turkey Creek drainage basins under water rights having priority dates junior to the CWCB's instream flow priority dates are less than one percent (I %) of the instream flow water right awarded to the CWCB in any particular stream reach, such depletions are de minimis. This commitment shall apply to previously decreed, currently pending and future plans for augmentation which utilize MMRC water as the augmentation and replacement source, Essentially this commitment is the key to the stipulation for the CWCB instream flows, . Buffalo Park Development Company, Colorado Mountain Properties, Inc" and Evergreen Memorial Park, Inc, agree they shall either withdraw their Statements of Opposition filed in Case Nos. 94CW250, 94CW251, 94CW256, 94CW259 and .