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<br />H. The only physical connection between Greenwood Gulch and Little Dry Creek is the <br /> <br />Hole 18 Pipeline operated by the Cherry Hills Country Club. This is an artificial diversion without <br /> <br />a decreed water right, which mayor may not operate in the future. The pipeline diverts Greenwood <br /> <br />Gulch water into the lower portion of Little Dry Creek a short distance above the downstream <br /> <br />terminus of the reach of the Creek for which the CWCB has made its appropriation. From the outfall <br /> <br />of the pipeline, Little Dry Creek flows through the Cherry Hills Country Club to the downstream <br /> <br />termums. Glenmoor and the Cherry Hills Country Club have entered into a separate stipulation that <br /> <br />addresses the flow of water through this portion of Little Dry Creek. <br /> <br />1. Glenmoor's plan to continue diverting the flows of Greenwood Gulch is in lieu of its <br /> <br />original Little Dry Creek project, which would have depleted the flows of the Creek throughout <br /> <br />most of the reach of the CWCB's instream flow appropriation. <br /> <br />WHEREFORE, the parties stipulate and agree as follows: <br /> <br />1. The CWCB consents to the entry of a decree in Case No. 95CW198A that contains <br /> <br />terms and conditions at least as restrictive on Glenmoor as those set forth in the proposed decree <br /> <br />attached hereto as Exhibit A. <br /> <br />2. Neither Glenmoor nor the CWCB makes any assertion or admission, and the decrees <br /> <br />in Case Nos. 95CW198A, 95CW198B, and 93CWIOO shall not constitute a determination, as to: <br /> <br />(a) the location for purposes of administration of the Board's instream flow right of the natural <br /> <br />confluence of Greenwood Gulch and Little Dry Creek; or (b) the ability of the Board to seek <br /> <br />administration of water rights on Greenwood Gulch for the benefit of its instream flow right on Little <br /> <br />Dry Creek except as provided in the following ~3. <br /> <br />....... <br /> <br />3. At times when the Board's Little Dry Creek instream flow water right is not being <br /> <br />3 <br />