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DISTRICT COURT, WATER DIVISION NO. S, STATE OF <br />COLORADO <br />109 — 8` Street, Suite 104 <br />Glenwood Springs, CO 81601 <br />CONCERNING THE APPLICATION FOR WATER RIGHTS <br />OF THE EAGLE RIVER WATER & SANITATION DISTRICT <br />IN EAGLE COUNTY, COLORADO <br />♦ COURT USE ONLY <br />Porzak Browning & Bushong LLP <br />Case Number: 08CW72 <br />Glenn E. Porzak ( #2793) <br />(OOCW259) <br />Eli A. Feldman ( #36871) <br />929 Pearl Street, Suite 300 <br />Boulder, CO 80302 <br />Water Division: 5 <br />Tel: 303 -443 -6800 <br />Fax: 303 -443 -6864 <br />Email: gporzak@pbblaw.com <br />STIPULATION BETWEEN APPLICANT AND THE COLORADO WATER <br />CONSERVATION BOARD <br />Applicant the Eagle River Water & Sanitation District ( "the District ") and Objector <br />the Colorado Water Conservation Board ( "CWCB "), by and through their undersigned <br />attorneys, hereby stipulate and agree as follows: <br />1. The District and the CWCB desire to enter into this Stipulation and Agreement <br />for the purpose of resolving the CWCB's opposition in this case. <br />2. The District will designate an agency official (and/or any alternate agency <br />officials or designees) in writing to the Division Engineer, who is authorized to place a "call" <br />for the water rights adjudicated in the above captioned matter. The District may change the <br />designation of that agency official (and/or any alternate agency officials or designees) from <br />time to time. <br />3. The CWCB stipulates and agrees to the entry of a ruling and decree in the above <br />captioned matter on terms and conditions no less restrictive upon the District than those set <br />forth in the proposed decree attached hereto as Exhibit A. <br />4. This Stipulation is entered into by way of compromise and settlement of this <br />litigation. Any agreements or terms and conditions herein are due solely to the unique <br />circumstances of this case and the resulting Stipulation. This Stipulation shall not establish <br />any precedent and shall not be construed as a commitment to include any specific findings of <br />