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<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 COLORADO <br />WATER CONSERVATION BOARD ON BEHALF OF THE PEOPLE OF THE STATE OF <br />COLORADO, <br /> <br />IN LITTLE DRY CREEK, A NATURAL STREAM, IN THE WATERSHED OF THE <br />, SOUTH PLATTE RIVER, <br /> <br />IN ARAPAHOE COUNTY, COLORADO. <br /> <br />The Applicant, the Colorado Water Conservation Board <br />(IICWCB"), and Objector, the City and County of Denver, acting by <br />and through its Board of Water ,Commissioners ("Denverll), through <br />their undersigned attorneys, hereby stipulate and agree as <br />follows: <br /> <br />1. The CWCB has filed an Application in the within- <br />captioned case to confirm an Instream Flow of 2.20 c.f.s. year <br />round in a 5.7 mile stretch of Little Dry Creek with a date of <br />apPJ;'Qp.1'iatJonQt_.:T1d,lY_:2.2_,_1993,L all as more fully described in <br />the Application. ' ----' --- ------~ - ---- <br /> <br />2. The CWCB acknowledges that there is a component of <br />water in Little Dry Creek, caus~d by return flows from lawn <br />irrigation and other outdoor us~s, that is reusable by Denver <br />because the water is either from transmountain, fully consumable, <br />or non-tributary sources. The CWCB recognizes that it cannot <br />rely upon Denver to continue to provide such return flows in <br />order to provide water for the appropriation sought to be <br />confirmed by these proceedings. <br /> <br />3. The CWCB acknowledges that there is a component of <br />water in Little Dry Creek caused by seepage and other losses of <br />water from Denver's operation of the High Line Canal. The CWCB <br />recognizes that it cannot rely upon Denver to continue to provide <br />such water in order to provide water for the appropriation sought <br />to be confirmed by these proceedings. <br /> <br />4. ~he CWCB acknowledges that to the extent that the <br />waters in Little Dry Creek are quantifiable lawn irrigation <br />return flows attributable to water, provided by Denver to <br />Denver's customers, that is reusable because it is either from <br />transmountain, fully consumable, or non-tributary sources, such <br />