ISFAPP01224

• Case Number: 05CW0149
• Stream Name: Cottonwood Creek
• Water Division: 4
• Water District: 60
• County: Montrose
• Instream Flow App - Doc Type: Final Decree/Stipulations

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DISTRICT COURT, WATER DIVISION 4
COLORADO
1200 N, Grand Ave., Bin A
Montrose, CO 81401-3146

Concerning The Application For Water Rights Of:

COLORADO WATER CONSERV AnON BOARD,
IN COTTONWOOD CREEK, A NATURAL STREAM,
IN THE WATERSHED OF SAN MIGUEL,

IN MONTROSE COUNTY, COLORADO.

... COURT USE ONLY ...
Case No.: 05CWI49

JOHN W. SUTHERS, Attorney General
VIRGINIA BRANNON*, Assistant Attorney General
1525 Sherman Street, 5th Floor
Denver, CO 80203
(303) 866-51 18
Registration Number: 30346
*Counsel of Record

Div.: 4

MOTION TO APPROVE STIPULATION AND ENTER FINDINGS AND RULING
OF THE REFEREE AND DECREE OF THE WATER COURT

The Applicant, the Colorado Water Conservation Board ("CWCB"), through its
undersigned counsel, moves this Court to approve the Stipulation entered into with the
objector, Trout Unlimited, and to enter the attached Findings and Ruling of the Water
Court. As grounds therefore, the CWCB states as follows:

I. Trout Unlimited is the only objector to this case.

2. The CWCB and Trout Unlimited entered into a Stipulation, dated April 6,
2006, which resolved the disputed issues between the parties. The Stipulation is attached
hereto.

3, Approval of the Stipulation between the CWCB and Trout Unlimited will
facilitate an efficient resolution of this matter.

4. In situations such as this, when litigants have settled their disputes by
stipulation, it is appropriate for such parties to file stipulations with the Court. It is further
appropriate for the Court to accept such stipulations or state solid reasons why the
stipulation should not be accepted. Colorado River Water Conservation District v, Bar
Forty Seven Co., 579 P.2d 636 (1978); Us. v. Northern Colorado Conservancy District,
608 F.2d 422 (loth Cir. 1979).

5, Stipulations are appropriate in this type of circumstance where a party