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<br />"'~ <br />.. <br />~ .# <br /> <br />/ <br /> <br />. <br /> <br />. <br /> <br />/. <br /> <br />DISTRICT COURT, WATER DIVISION NO.3, STATE OF COLORADO <br /> <br />Case No. 87CW7 <br /> <br />STIPULATION <br /> <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE <br />LEAVELL-McCOMBS JOINT VENTURE AND THE WOLF CREEK SKI <br />CORPORATION IN MINERAL, HINSDALE, AND RIO GRANDE COUNTIES <br /> <br />The Applicants, Leavell-McCombs Joint Venture and <br />Wolf Creek Ski Corporation ("Applicants") by and through <br />their attorneys, Kirkland & Ellis, and the Colorado Water <br />Conservation Board ("Board") acting pursuant to a duly <br />approved resolution of the Board, hereby enter into the <br />following stipulation: <br /> <br />RECITALS <br /> <br />A. On April 29, 1987, the Applicants filed an <br />application (the "Application") in this case for water <br />rights, conditional water rights and approval of a plan for <br />augmentation including change of water rights and exchange. <br />The Application involves a new development at the Wolf Creek <br />Ski Area on tributaries of Pass Creek, a tributary of the <br />South Fork of the Rio Grande River ("South Fork") and <br />certain appropriative exchanges from the confluence of the <br />South Fork and the Rio Grande River to the Applicants' <br />points of diversion in the Pass Creek watershed. The <br />Applicants have provided to the Board a copy of the <br />application and a supporting engineering report by Jehn & <br />Wood, Inc. <br /> <br />B. The Board holds water rights for instream <br />flow purposes as decreed in Case Nos. 80CW90, 84CW161, <br />84CW162, and 84CW163, Water Division No.3. These water <br />rights ("Minimum Flow Rights") include specified minimum <br />flows for certain defined segments of Pass Creek and the <br />South Fork. These are all of the minimum streamflow rights <br />presently held or appropriated by the Board on Pass Creek or <br />the South Fork. <br /> <br />C. The Board has reviewed the Application and <br />the supporting engineering report and has determined the <br />water rights claimed in the Application will not cause <br />material injury to the Minimum Flow Rights. The Board <br />