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<br />IN THE DISTRICT COURT IN AND FOR <br /> <br />WATER DIVISION NO. 5 <br /> <br />STATE OF COLORADO <br /> <br />Case No. W-2719 <br /> <br />IN THE MATTER OF THE <br />APPLICATION FOR WATER <br />RIGHTS OF THE COLORADO <br />WATER CONSERVATION BOARD, <br />ON BEHALF OF THE PEOPLE <br />OF THE STATE OF COLORADO <br /> <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br />) <br /> <br />STIPULATION <br /> <br />IN THE EAGLE RIVER OR <br />ITS TRIBUTARIES <br /> <br />TRIBUTARY INVOLVED: <br />BEAVER CREEK IN EAGLE <br />COUNTY <br /> <br />Applicant, the Colorado Water Conservation Board, <br /> <br />by and through the Attorney General for the State of Colorado, <br /> <br />and the Objector, vail Associates, Inc., by and through its <br /> <br />attorneys, Holme Roberts & Owen, hereby stipulate that <br /> <br />Objector wi11 withdraw its statement of opposition and a <br /> <br />decree may be entered in this case without interfering with <br /> <br /> <br />the rights of the Objector provided that the following terms <br /> <br />and conditions are incorporated therein: <br /> <br />1. Applicant will be awarded from October 1 through <br />Ap~il 30 (for purposes of preserving a minimum stream flow <br /> <br />in Beaver Creek) 4.0 cfs or the natural stream flow of Beaver <br /> <br />Creek, whichever is less. <br /> <br />2. Applicant will be awarded from May 1 through <br /> <br />September 30 (for purposes of preserving a minimum stream <br /> <br />flow in Beaver Creek) 12.0 cfs or the natural stream flow <br /> <br />of Beaver Creek, whichever is less. <br /> <br />3. Applicant has entered into a Stipulation with <br /> <br />Objector in Case No. W-27461 which is Objector's Application <br />for a Change of Water Right involving water rights in the <br /> <br />Beaver Creek basin. The Stipulation herein (in W-2719) is <br /> <br />contingent upon the entry of a decree in Case No. W-2746, <br /> <br />subject to the terms and conditions of the Stipulation in <br /> <br />W-2746. <br /> <br />7 <br />