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<br />- <br /> <br />. <br /> <br />, <br /> <br />5200 feet above Swan River in NWy. NWy. S18 T6S R77W 6PM and the outtake of the <br />Breckenridge Water and Sanitation District in the NEll. S13 T5S R78W 6PM. <br /> <br />d. Pursuant to S37-92-502(5), Applicant shall install, maintain, and monitor at <br />locations determined by the Division Engineer, and at Applicant's expense, such measuring <br />devices deemed necessary by the Division Engineer to administer the terms of this decree. The <br />CWCB, the State and Division Engineer, and their agents shall have access to such measuring <br />device(s) at reasonable times in order to make readings therefrom. . <br /> <br />4. Applicant shall withdraw, with prejudice, the claim for the conditional water right, <br />identified in the Application as the Miners Creek Ditch Extension and Enlargement and its <br />request that the CWCB consider a modification of it Miners Creek instream flow water right as <br />decree in Case No. 85CW649. <br /> <br />5. This stipulation shall be binding upon the parties hereto, their successors, and assigns. <br /> <br />6. Applicant and the CWCB agree that the parties have signed this Stipulation based upon <br />the facts and circumstances in this particular situation, and it shall have no precedential effect or <br />binding authority on either party in other situations. Nor does this Stipulation reflect any policy <br />of the Colorado Water Conservation Board, but I'3ther it reflects the nature of this negotiated <br />. settlement, based on the facts and circumstances in this particular situation. <br /> <br />. . -".- . <br />7. . Within fourteen days of the date on which both parties have signed this stipulation, the <br />Applicant shall file a motion. requesting that the Water Court for Water Division 5 enter an order <br />approving this stipulation. <br /> <br />8. The Applicant agrees that it will not seek a referee's ruling and/or decree with terms that <br />are inconsistent with this stipulation or that are any less restrictive on the Applicant than those <br />contained in the stipulation. <br /> <br />9. The CWCB shall remain on the mailing list in this case and shall be provided with a copy <br />of any proposed referee's ruling and/or decree in tItis matter. The CWCB agrees that it will not <br />oppose the entry of any proposed referee's ruling and/or decree that is consistent with this <br />stipulation and that contains Paragtaph 3 above in its entirety. <br /> <br />KEN SALAZAR <br />Attorney General <br /> <br />2 <br />