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<br />. <br /> <br />. <br /> <br />. <br /> <br />SEP 12 REC'l) <br /> <br />DISTRICT COURT, WATER DIVISION NO.5, COLORADO <br /> <br />Case No. 85CW595 <br /> <br />STIPULATION AND WITHDRAWAL OF STATEMENT OF OPPOSITION <br /> <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF: <br /> <br />MESA SKI CORP., a Colorado Corporation, <br />in Mesa County, Colorado <br /> <br />COMES NOW the Applicant, MESA SKI CORP., by and through its <br />attorneys, LEAVENWORTH & LOCHHEAD, P.C., and the Objector, <br />COLORADO WATER CONSERVATION BOARD, through the Office of the <br />Attorney Genera~, and hereby stipulate and agree as follows: <br /> <br />1. The Applicant has requested an exchange whereby water <br />will be released from shares in the Coon Creek Reservoir and <br />Canal Company to eliminate a call by the Ute Water Conservancy <br />District, with an appropriation date of November 25, 1985. This <br />exchange shall be junior and subordinate to the water rights <br />decreed to the Colorado Water Conservation Board in Case No. <br />85CW637 in the District Court in and for Water Division No.5. <br />This exchange may not operate if the flow in Mesa Creek between <br />its confluence wi th Big Beaver Creek and the headga te of the <br />Mason & Eddy Ditch is below 2.5 c.f.s. <br /> <br />2. Depletions for snowmaking purposes shall be considered <br />to be 100 percent of diversions, occurring at the time of such <br />diversions. <br /> <br />3. The Statement of Opposition previously filed by the <br />Objector Colorado Water Conservation Board is hereby withdrawn. <br /> <br />LEAVENWORTH & LOCHHEAD, P.C. <br />Attorneys for Applicant <br /> <br />Dated: <br /> <br />q(tlw <br /> <br />f I I <br /> <br /> <br />By <br /> <br />81602 <br /> <br />No. 9065 <br /> <br />-1- <br />