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<br />. <br /> <br />. <br /> <br />-'\::,ne tf \.L <br /> <br />, <br /> <br />. <br /> <br />DISTRICT COURT, WATER DIVISION 3, COLORADO <br /> <br />Case No. 94CW40 <br /> <br />STIPULATION <br /> <br />IN THE MATTER OF THE APPLICATIOw FOR WATER RIGHTS OF THE <br />COLORADO WATER CONSERVATION BOARD ON BEHALF OF THE PEOPLE OF <br />THE STATE OF COLORADO <br /> <br />IN BIG SPRlNG CREEK, A NATURAL STREAM <br /> <br />IN THE WATERSHED OF THE CLOSED BASIN <br /> <br />IN SAGUACH~ AND ALAMOSA COUNTIES, COLORADO. <br /> <br />The Al?plicant, Colorado Water Conservation Board ("CWCB"), <br />through it~ undersigned counsel, and Objector Rocky Mountain <br />Bison, through its counsel, hereby agree and stipulate as <br />follows: <br /> <br />1. A~plicant seeks approval for a decree establishing an <br />instream flow right on three reaches of Big Spring Creek. <br /> <br />2. A Statement of Opposition was timely filed by the <br />Objector. <br /> <br />3. To resolve the Objector's concern with the Application <br />filed in this case, the CWCB agrees that it will not oppose, <br />object to or protest an application filed by the objector to <br />change any current point of diversion, located within the minimum <br />stream flow reach applied for in this case, to a ne~ point of <br />diversion so long as the Objector is entitled to extend the head <br />of such ditch pursuant to the provisions of C.R.S. 37-86-111. <br /> <br />4. This Stipulation shall be binding upon the parties, <br />their sUCCessors and assigns. <br /> <br />5. The Objector shall remain a party to this case until a <br />Final Decree is entered herein which shall contain the legal <br />descriptions set forth in the proposed decree and which shall be <br />no less restrictive than the p~oposed decree attached to this <br />Stipulation and marked as "Attachment A". <br /> <br />jlUA ~v <br />Entered into this ~ day of ~, 1996. <br />