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AMENDMENT TO THE REPORT OF THE ATTORNEY GENERAL . Case No. 94CW273, City of Littleton Issue: Does the Stipulation proposed by the City of Littleton and South Suburban Park and Recreation Center ("the Applicants") satisfy the concerns of the CWCB as expressed in its Statement of Opposition and is it narrowly written so that it does not expand the holding of City of Thornton v. City ofFort Collins, 830 P.2d 915 (Colo. 1992)? Decision: CWCB Staff and Susan Schneider, the Assistant Attorney General on the case, recommend that the Board authorize the Staff and the Attorney General's Office to enter into this Stipulation because it is does not extend the holding of Fort Collins, 830 P.2d 915 and it addresses the concerns of the CWCB. Discussion: Application: The Applicants applied for absolute and conditional water rights. of 100 c.f.s. for recreational and piscatorial uses along a stretch of the South Platte River between C-470 and Littleton. . Opposition: The CWCB filed a Statement of Opposition, asserting that the Applicants were seeking decrees for surface rights that included uses for instream flow purposes contrary to section 37-92-102(3), C.R.S. (1999). Except for the standard statements that additional grounds may exist, there were no other bases for objection. Stipulation: Under the Stipulation, the CWCB would agree to a decree allowing absolute water rights for recreational and piscatorial purposes for three boat chutes, and one conditional water right for recreational and piscatorial purposes for one boat chute. The latter boat chute for the conditional water right is already built and functioning properly. However, the Applicants have already settled the case with all the other Opposers and do not want to republish their Application and renegotiate with Opposers to make this an absolute water right. The CWCB would agree not to oppose an application to make the right absolute "as long as the future application comports with the current application, and as long as the structure is not modified significantly." Finally, the Applicants would agree that if there were a statutory change permitting the CW CB to hold recreational flow water rights in the future, the Applicant would "discuss with the CWCB the donation of these water rights to the CWCB." .