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<br />! <br />'. <br /> <br />. <br /> <br />. <br /> <br />., <br /> <br />DISTRICf COURT, WATER DIVISION NO.1, STATE OF COLORADO <br /> <br />Case No. 87CW270 <br /> <br />STIPULATION <br /> <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE COLORADO WATER <br />CONSERVATION BOARD <br /> <br />IN LARIMER COUNTY <br /> <br />COMES NOW the Objector, City of Thornton ("'Thornton"), by and through its attorneys <br />White & Jankowski, and the Colorado Water Conservation Board, by and through the Attorney <br />General, and stipulate that Thornton will consent to the entry of a proposed decree which is <br />substantially in the form of, and no less restrictive than, the proposed decree attached hereto as <br />Attachment A, provided such decree contains the following provisions: <br /> <br />Nothing herein shall be construed to require the Water Supply and Storage <br />Company or the City of Thornton to release from or pass through Long Draw <br />Reservoir any water which has been or is being lawfully stored therein, at any specific <br />time or flow rate. Further, this decree shall not be construed to prevent the <br />operation of historically operated exchanges involving Long Draw Reservoir which <br />were decreed prior to the appropriation date of the instream flow water right <br />confirmed herein. <br /> <br />The water reserved for in stream flow purposes by this decree, and the water <br />reserved by any decree entered in Case No. 86CW376, an application by the United <br />States of America pursuant to the Wild and Scenic Rivers Act and P.L. 99-590, shall <br />not be considered to be additive or cumulative, nor may the two decrees be "stacked" <br />together in such a manner as to increase the total amount of water reserved by either <br />decree individually. <br /> <br />07S21,SlipCWCB.421 <br />