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AUG 2 7 2002 <br />r(',1Gfd�nYl�ttAr{'QR =nN�lflu(1 �' { }c'.C� <br />DISTRICT COURT, WATER DIVISION NO. 4, <br />{f / <br />STATE OF COLORADO <br />Montrose County JusticCCenter <br />1200 North Grand Avenue Bin A <br />Montrose, CO 81401 -3146 <br />970.249.2859 <br />CONCERNING THE APPLICATION FOR WATER <br />RIGHTS OF THE UPPER GUNNISON RIVER WATER <br />CONSERVANCY DISTRICT <br />AL COURT USE ONLY .► <br />IN GUNNISON COUNTY <br />Cynthia F. Covell. David C. Hallford <br />Case Number: 02CW038 <br />Alperstein & Covell, P.C. Leavenworth & Karp P.C. <br />1600 Broadway, #2350 1011 Grand Avenue <br />Denver, CO 80202 -4923 Glenwood Springs, CO 81602 <br />Water Division No. 4 <br />Phone: (303) 894 -8191 Phone: (970) 945 -2261 <br />Fax: (303) 861 -0420 Fax: (970) 945 -7336 <br />Reg No. 10169 Reg. No. 10510 <br />STIPULATION BETWEEN APPLICANT AND VIRGIL AND LEE SPANN RANCHES <br />AND ROBERT AND GERALDINE HOWARD <br />ApplicantUpper Gunnison River Water ConservancyDistrict ( 'District') and Opposers Virgil and <br />Lee Spann Ranches and Robert and Geraldine Howard ( "Opposers "), by and through their undersigned <br />attorneys, hereby stipulate and agree as follows: <br />1. Opposers agree to stipulate to entry of a decree herein subj ect to the terms and conditions <br />set forth in this Stipulation. <br />2. Opposers own certain water rights decreed to the Kelmel -Owens No. l Ditch, which <br />diverts from the Gunnison River via the West Branch, at a location upstream of the proposed reach of the <br />recreational in- channel water right applied for by the District in the above - captioned case. The Kelmel- <br />Owens No. l ditch is decreed for 74.25 cfs for irrigation purposes, and is senior to the District's requested <br />recreational in- channel water right. <br />3. Opposers have historically maintained flow into the West Branch by means of streambed <br />improvements in the Gunnison River and/or the West Branch designed to facilitate continued delivery of <br />I eC( <br />