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<br />DISTRICT COURT, WATER DIVISION NO. I, STATE OF <br />COLORADO <br />901 9th Avenue, Room 418 <br />Greeley, CO 80631 <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF <br />THE COLORADO WATER CONSERVATION BOARD, <br />IN FOURMILE CREEK, A TRIBUTARY OF BOULDER CREEK o COURT USE ONLY 0 <br />IN BOULDER COUNTY <br />Porzak Browning & Bushong LLP Case Number: 95CW258 <br />Glenn E. Porzak (#2793) <br />929 Pearl Street, Suite 300 <br />Boulder, CO 80302 <br />Tel: 303-443-6800 <br />Fax: 303-443-6864 <br />Email: gporzak@pbblaw.com <br /> Division: I <br />STIPULATION <br /> <br />Applicant Colorado Water Conservation Board (the "CWCB") and Objector Pine Brook Water <br />District (the "District"), through their undersigned attorneys, hereby stipulate and agree as follows: <br /> <br />I. The District agrees to the entry of a Decree of the Water Court in the above-captioned <br />case upon terms and conditions that are no less restrictive than those set forth in the proposed decree <br />attached hereto. <br /> <br />2. Notwithstanding any other provision of the final decree entered in this.case, the District <br />shall be entitled to continue to operate its present and future exchanges in addition to its presently decreed <br />exchanges (the "Additional Exchanges"), regardless of the source of exchange water, up to a total of 80 <br />acre feet per year in Fourmile Creek from tile confluence ofFounnile Creek and Boulder Creek <br />(downstream terminus) to the District's present points of diversion on Founnile Creek identified in Case <br />Nos. W-8461-77 and 81CW393, Water Division No. I (upstream tenninus). Such Additional Exchanges, <br />up to the total of 80 acre feet per year, may be operated without respect to, and without being subject to <br />calls by, the instream flow decreed herein. The CWCB acknowledges the District's right to reduce the <br />flow in Fourmile Creek at its above-referenced points of diversion to 25 g.p.m. pursuant to the tenns of its <br />decrees and stipulations in Case Nos. W-8461-77 and 81CW393, Nothing contained herein is to be <br />construed as limiting the District's exchanges made pursuant to its present decrees in Case Nos. <br />81CW393, 81CW466, and 90CW184, and the 80 acre feet of exchanges provided for herein are in <br />addition to such currently-decreed exchanges. <br /> <br />kk0129 <br />