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<br />DISTRICT COURT, WATER DIVISION NO. 1, COLORADO <br />e Case No. 94CW273 <br /> <br />STIPULATION <br /> <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF: <br /> <br />THE CITY OF LITTLETON, COLORADO AND THE SOUTH SUBURBAN PARK <br />AND RECREATION DISTRICT, <br /> <br />IN ARAPAHOE COUNTY. <br /> <br />The City of Littleton and the South Suburban Park and Recreation District <br />("Applicant"), and the objector Colorado Water Conservation Board (the "CWCB") <br />(collectively referred to as "the parties"), through their undersigned attorneys, hereby <br />stipulate and agree as follows: <br /> <br />e <br /> <br />I. Applicant has applied for a number of water rights wherein the Applicant will <br />control the water in its natural course, and place the water to a beneficial use in a defined <br />segment of the river channel. The parties recognize and confirm that the CWCB is vested <br />with the "exclusive authority" to appropriate "instream flows in a stream channel between <br />specific points." <br /> <br />2. The parties recognize that the CWCB may, through a statutory change, hold <br />recreational instream flow water rights in the future. The parties agree that if there is a <br />statutory change permitting the CWCB to hold recreational instream flow water rights, <br />the Applicant agrees to then discuss with the CWCB the donation of the water rights that <br />are the subject of this case to the CWCB. The parties further agree that any such donation <br />agreement would be contingent upon the Applicant being able to fully protect these water <br />rights, and the Applicant being able to assure that the water rights will not be abandoned <br />or diminished in any way. <br /> <br />3. The Applicant has applied for a conditional water right for Boatchute No. 10. <br />The CWCB has examined this boatchute and, as currently constructed, the CWCB will <br />not contest whether this boatchute meets the legal control requirements. As such, the <br />CWCB will not contest the applicant's proposed conditional water right for this <br /> <br />e <br /> <br />AttachmeI1t 1 <br />