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DISTRICT COURT, WATER DIVISION NO. 1, COLORADO <br />Case No. 94CW273 <br />STIPULATION <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF: <br />THE CITY OF LITTLETON, COLORADO AND THE SOUTH SUBURBAN PARK AND <br />RECREATION DISTRICT, <br />IN ARAPAHOE COUNTY. <br />The City of Littleton and the South Suburban Park and Recreation District ( "Applicant "), <br />and the objector Colorado Water Conservation Board (the "CWCB ") (collectively referred to as <br />"the parties "), through their undersigned attorneys, hereby stipulate and agree as follows: <br />1. Applicant has applied for a number of water rights wherein the Applicant will control <br />the water in its natural course, and place the water to a beneficial use in a defined segment of the <br />river channel. The parties recognize and confirm that the CWCB is vested with the "exclusive <br />authority" to appropriate "instream flows in a stream channel between specific points." <br />2. The parties recognize that the CWCB may, through a statutory change, hold <br />recreational instream flow water rights in the future. The parties agree that if there is a statutory <br />change permitting the CWCB to hold recreational instream flow water right, the Applicant agrees <br />to then discuss with the CWCB the donation of the water rights that are the subject of this case to <br />the CWCB. The parties further agree that any such donation agreement would be contingent <br />upon the Applicant being able to fully protect these water rights, and the Applicant being able to <br />assure that the water rights will not be abandoned or diminished in any way. <br />3. The Applicant has applied for a conditional water right for Boatchute No. 10. The <br />CWCB has examined this boatchute and, as currently constructed, this boatchute meets the legal <br />control requirements. As such, the CWCB can permit the Applicant to obtain a conditional water <br />right for this boatchute. In addition, the CWCB agrees not to oppose an application by the <br />Applicant to make the water right for Boatchute No. 10 absolute, as long as the future application <br />comports with the current application, and as long as the structure is not modified significantly. <br />4. The CWCB has also examined Boatchutes 4 and 9 and, as currently constructed, they <br />also meet the legal control requirements. As such, the CWCB can permit the Applicant to obtain <br />absolute water rights for Boatchutes 4 and 9. . <br />