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<br />o <br /> <br />DISTRICT COURT, WATER DIVISION 1, COLORADO <br /> <br />Case No. 93CW100 <br /> <br />STIPULATION <br /> <br />IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE <br />COLORADO WATER CONSERVATION BOARD ON BEHALF OF THE <br />PEOPLE OF THE STATE OF COLORADO <br /> <br />IN LITTLE DRY CREEK, A NATURAL STREAM <br /> <br />IN THE WATERSHED OF THE SOUTH PLATTE RIVER <br /> <br />IN ARAPAHOE COUNTY <br /> <br />The Applicant, the Colorado Water Conservation Board <br />("CWCB"), and Objector, the city of Englewood ("Englewood"), <br />through their respective attorneys, hereby stipulate and agree as <br />follows: . <br /> <br />1. The CWCB has filed this Application to adjudicate its <br />n. -Instream .Flow of2:io c.f:s.in a 5.7miIe-"stretcli-oCLittle Dry <br />Creek which is more fully described in the Application. <br /> <br />2. The CWCB acknowledges that Englewood has adjudicated a' <br />conditional water right of 15 c.f.s at the confluence of Little <br />Dry Creek and city Ditch in CaSe No. 90CW222 with an <br />appropriation date of December 17, 1990. The CWCB further <br />acknowledges that Englewood's right decreed in Case No. 90CW222 <br />is senior to the CWCB Instream Flow rights requested in this <br />case. <br /> <br />3. The CWCB agrees that it shall seek a decree in this case <br />with terms and conditions no less restrictive than those <br />contained in this stipulation. <br /> <br />4. 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 />an Order approving this stipulation. <br /> <br />5. Englewood shall remain on the mailing list in this case. <br />The CWCB agrees that it will p~ovide Englewood with a copy of any <br />proposed decree submitted to the Court in this action and that <br />Englewood shall have a reasonable opportunity to object to any <br />