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. . DISTRICT COURT, WATER DIVISION 3, COLORADO Case No. 87CW7 and 89CW19 ----------------------------------------------------------------- AMENDED STIPULATION ----------------------------------------------------------------- CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE LEAVELL-MCCOMBS JOINT VENTURE AND THE WOLF CREEK SKI CORPORATION IN MINERAL, HINSDALE, AND RIO GRANDE COUNTIES CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE COLORADO WATER CONSERVATION BOARD IN MINERAL COUNTY ----------------------------------------------------------------- The applicants in Case No. 87CW7, the Leavell-McCombs Joint Venture and the Wolf Creek Ski Corporation (collectively, "LM/WC"), and the applicant in Case No. 89CW19, the Colorado Water Conservation Board ("the CWCB"), through their undersigned attorneys, hereby stipulate and agree as follows: 1. Definition: For the purposes of this stipulation, the "North Branch" or "North Branch of Pass Creek" means that tribu- tary of Pass Creek that is the subject of the CWCB's instream flow water right application in Case No. 89CW19 (also referred to as "West Fork Pass Creek" in Case No. 89CW19). 2. With respect to the five appropriative rights of exchange claimed in Case No. 87CW7, as numbered and described in paragraph (V) of the first amended application and in paragraphs (3) through (5) of the second amended application, LM/WC agree that the dates of appropriation shall be no earlier than the fol- lowing: a. First appropriative right of exchange (19.3 acre- feet): April 15, 1987. b. Second appropriative right of exchange: April 15, 1987 for the first 25.7 acre-feet and November 30, 1989 for the remaining 34.3 acre-feet. c. Third appropriative right of exchange (.5 acre- feet): April 15, 1987.