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<br />. <br /> <br />DISTRICT COURT, WATER DIVISION 1, COLORADO <br /> <br />Case No. 85CW433, 85CW421, and 85CW424 <br /> <br />----------------------------------------------------------------- <br /> <br />STIPULATION <br /> <br />APPLICATION FOR WATER RIGHTS OF THE COLORADO WATER <br />CONSERVATION BOARD IN LARIMER COUNTY <br /> <br />",:. <br /> <br />. <br /> <br />Applicant the Colorado Water Conservation Board (the <br />"Board") and objector Red Feather Storage and Irrigation Company <br />("Red Feather"), by and through their respective attorneys, <br />hereby enter into the following Stipulation: <br /> <br />1. The Board is the applicant in the above captioned <br />case, which seeks to confirm the appropriation of water for in- <br />stream flows to preserve the natural environment to a reasonable <br />degree. <br /> <br />2. Objector, Red Feather, is the owner of various water <br />rights on the North Fork and the South Fork of Lone Pine Creek. <br />In addition, Red Feather is in the process of adjudicating an <br />exchange in,Case No. 85CW319. <br /> <br />3. The Board and Red Feather desire to resolve their <br />differences without further litigation, and therefore, have <br />entered into this Stipulation. <br /> <br />4. The instream flow water right decreed in accordance <br />with this stipulation is and shall be administered as junior to <br />the following rights of exchange and water rights pursuant to <br />section 37-92-l02(3)(b), C.R.S. (1987 Supp.). <br /> <br />Exchanges: Mountain and Plains Irrigation Company <br />and Larimer-Weld Irrigation Canal water rights to the Mitchell <br />Ditch, the headgate of which is located at a point on the east <br />bank of North Lone pine Creek, 420 feet south and 2,620 feet east <br />of the Northwest corner of Section 26, Township 10 North, Range <br />74 West of the 6th P.M., Larimer County, Colorado. This exchange <br />may operate during the months of April through November at a rate <br />up to 7 c.f.s. or under the terms of 85CW319 should the exchange <br /> <br />. <br />