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<br />; <br /> <br />\~ <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />DISTRICf COURT, WATER DMSION NO.5, STATE OF COLORADO <br />Case No. 91-CW-077 <br /> <br />STIPULATION <br /> <br />CONCERNING lHE WATER RIGHTS OF STAG GULCH PARTNERS, a Colorado <br />general partnership, and KENSINGTON LAND INVESTMENT PARTNERS, a Colorado <br />general partnership, IN mE EAGLE RIVER OR ITS TRIBUTARIES, <br /> <br />IN EAGLE COUNTY. <br /> <br />COME NOW the above-named Applicants and the Colorado Water Conservation <br />Board (the "Board"), by and through their respective undersigned auomeys, hereby stipulate <br />and agree as follows: <br /> <br />1. The Applicants agree that any decree which may be entered in this matter <br />shall contain the following provisions: <br /> <br />l.a. The water rights out of Squaw Creek decreed to the Henderson Ditch <br />in the amOunt of 0.9 cl.s. with an appropriation date of June 28, 1907 and an adjudication <br />date of February 27,1911, and decreed to the Dora B. Ditch in the amount of 1.0 c.f.s. with <br />an appropriation date of November 1, 1892 and an adjudication date of June 29, 1894, shall <br />be diverted at the alternate point of div~on at the headgate of the Graham Ditch (also <br />known as SCR Diversion Point No.4) on Squaw Creek only at times when said diversion(s) <br />will not r1imini~h the flow in Squaw Creek below the instream flow decreed in Case <br />No. 8O-CW.135 in the amount of 1.0 cl.s. In addition, water can only be divened by <br />exchange at the Graham Ditch headgate when said diversion(s) will not diminish the flow <br />in Squaw Creek below the instream flow decreed in Case No. 8o-CW-135 in the amount of <br />1.0 ci.s. Applicants shall install at. their expense a staff gauge in Squaw Creek at or <br />immediately below the location of the Graham Ditch headgate to measure the flows in the <br />Squaw Creek to allow administration of the provisions herein. <br /> <br />tb. Diversions by exchange or otherwise of Green Mountain water <br />described at paragraph 8.C.(2)(iv) of the Application and of the Laura A Hockett Ditch <br />water rightS described at paragraph 8.C.(2)(i) of the Application shall not occur if said <br />diversions would diminish the flows in the Eagle River below the instream flow amounts <br />decreed in Case No. 8O-CW.126 of 110 ci.s. from May 1 through September 30 and 45 c1.s. <br />from October 1 through April 30 or the instream flow amounts decreed in Case <br />No. SQ.CW-l34 of 85 c.f.s. from May 1 through September 30 and 35 c.f.s. from October 1 <br />through April 30. <br /> <br />....---.,..-.---. <br />