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<br />water remains in Denver's ownership and Denver <br />successive uses of such waters to extinction. <br />acknowledges that to the extent Denver is,able <br /> <br />can make <br />The CWCB <br />to establish: <br /> <br />a. the amount of any such lawn irrigation return <br />flows; <br /> <br />b. the timing of any such lawn irrigation return <br />flows; and, <br /> <br />c. the location at which any such lawn irrigation <br />return flows accrue to Little Dry Creek <br /> <br />the CWCB will recognize that it cannot claim such water for <br />purposes of supplying water to the subject appropriation and <br />cannot rely upon Denver or its successors, lessees, contractees <br />or assigns continuing to make those amounts of non-tributary, <br />fully consumable, or transmountain water available in Little Dry <br />Creek. <br /> <br />s. The CWCB agrees that to the extent Denver seeks a <br />determination of its right to use lawn irrigation return flows, <br />either in an administrative forum or in the Water Court, the CWCB <br />will not oppose the entry of such a determination except to <br />assure that Denver proves the quantity, timing, and location of <br />the return flows, and to assure that Denver properly establishes <br />that the return flows are reusable because the water is either <br />from transmountain, fully consumable, or non-tributary sources. <br /> <br />6. The CWCB agrees that it shall seek a decree in this <br />case- with 'terms and conditions no less restrictiveH tohan-to-h0s-e- <br />contained in the Stipulation. <br /> <br />7. Within fifteen days of the date on which both parties <br />have signed this Stipulation, the CWCB shall prepare and file a <br />Motion requesting that the Water Court for Water Division 1 enter <br />on Order approving this Stipulation. <br /> <br />8. Denver shall remain on the mailing list in this case. <br />The CWCB agrees that it will provide Denver with a copy of any <br />proposed decree submitted to the Court in this Action and that <br />Denver shall have a reasonable opportunity to object to any <br />provisions which might impair the effectiveness of this <br />Stipulation. Denver agrees that it will not oppose the entry of <br />any decree that is consistent with the terms and conditions <br />contained herein. In the event this matter is tried, the CWCB <br />agrees to seek a decree which is consistent with the terms of <br />this Stipulation. <br /> <br />9.~his Stipulation shall be binding on the parties, their <br />successors and assigns. <br /> <br />2 <br />