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I, .. . . . Added Item B, Between Items 12 & 13 COLORADO WATER CONSERVATION BOARD Department of Natural Resources 721 State Centennial Building 1313 Sherman Street Denver, Colorado 80203 Phone: (303) 866-3441 STATE OF COLORI\DC ~ MEMORANDUM Roy Romer Governor David W. Walker Director TO: Members, CWCB FROM: Randy Seaholm DATE: May 29, 1991 SUBJECT: Added Agenda Item, May 30-31, 1991, Board Meeting-- Approval of stipulation: TNC Donation Diligence Case/ City of Gunnison; Case No. 89CW79 Backqround Pursuant to paragraph 8 of the June 30, 1990, Agreement between TNC, Uncompahgre Valley Water Users Association (UVWUA) and the Board, the Board is required to give -written consent to any stipulation reached in the above diligence case which in any way compromises the 300 cfs conditional water right TNC desire to donate to the Board. Case Summary On March 30, 1989, TNC filed an application for a quadrennial finding of reasonable diligence for 300 cfs out of the conditional water rights at the Rabbit GUlch Canal decreed in civil action C- 5873 on August 11, 1969, and for 20,000 AF out of the conditional water rights for the Cedar Flats Reservoir decreed at the same time. Statements of opposition were filed against the diligence case by the UVWUA, City of Aurora, and city of Gunnison. The UVWUA withdrew its statement of opposition to the case on August 15, 1990, shortly after the agreement was signed. The City of Aurora stipulated out of the case on September 17, 1990, following approval of that stipulation at the Board's September 10-11, 1990, Board meeting. The city of Gunnison therefore is the only remaining objector. Proposed stipulation The proposed stipulation with the city of Gunnison calls for the Board to incorporate the following terms and conditions into the application changing the 300 cfs water right to instream flow.