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<br />. <br />'f <br />.' <br /> <br />. <br /> <br />. <br /> <br />\ - 5"1 (>>..)z.~'-\ <br /> <br />DISTRICT COURT, WATER DIVISION, 1, COLORADO <br /> <br />Case No. 87 CW 264 <br /> <br />--------------------------------------------~-------------------- <br /> <br />STIPULATION <br /> <br />----------------------------------------------------------------- <br /> <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE <br />COLORADO WATER CONSERVATION BOARD ON BEHALF OF <br />THE PEOPLE OF THE STATE OF COLORADO <br /> <br />IN JOE WRIGHT CREEK, A NATURAL STREAM <br /> <br />IN THE WATERSHED OF THE CACHE LA POUDRE RIVER <br /> <br />IN LARIMER COUNTY. <br /> <br />----------------------------------------------------------------- <br /> <br />COMES NOW, the Objector, City of Fort Collins (hereinafter <br />"Fort Collins"), by and through its attoJneys, Vranesh and <br />Raisch, and the Applicant, Colorado Water Conservation Board <br />(hereinafter "CWCB"), by and through the Attorney General, and <br />stipulate that Fort Collins hereby consents to the entry of a <br />proposed decree which is substantially in the form of, and no <br />less restrictive than, the proposed decree attached hereto as At- <br />tachment A, provided such decree contains the following provi- <br />sions: <br /> <br />1. The existence of this minimum streamflow water right <br />is not intended to give either the CWCB or any other agency of <br />the state or federal government, or any other person, any right <br />whatsoever to require Fort Collins to release from or pass <br />through Joe Wright Reservoir any water which has been or is being <br />lawfully stored therein, at any specific time or flow rate. Ad- <br />ditionally, the existence of this minimum streamflow water right <br />shall not be construed in any manner which would prevent the <br />operation of any exchange or alternate point of diversion involv- <br />ing Joe Wright Reservoir which was decreed prior to December 11, <br />1987. <br /> <br />2. Pursuant to S 37-92-102(3)(a), C.R.S. (1992), this <br />mlnlmum streamflow appropriation is based, at least partially, <br />upon water imported from one division to another by some other <br />appropriator. Therefore, this appropriation shall not, as <br />against the appropriator of such imported water, constitute a <br />claim, bar, or use for any purpose whatsoever. <br />