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<br />~' <br /> <br />. . <br /> <br />BEFORE THE COLORADO WATER CONSERVATION BOARD <br /> <br />STATE OF COLORADO <br /> <br />.~' <br /> <br />Stipulation between the Colorado Water Conservation Board Staff and Ragged Mountain <br />Water Users Association, <br /> <br />IN THE MATTER OF PROPOSED INSTREAM FLOW APPROPRIATIONS <br />DIVISION 4: ANTHRACITE AND COAL CREEKS <br /> <br />The Applicant, Colorado Water Conservation Board ("CWCB"), and Ragged <br />Mountain Water Users Association ("RMWUA"), by and through their respective <br />undersigned counsel, hereby stipulate and agree as follows: <br /> <br />1. At its regular meeting in January of 2005, the CWCB declared its intent, pursuant <br />to the Rules Concerning the Colofado Instream Flow and Natural Lake Level Program, 2 <br />CCR 408-2, to appropriate instream flow water rights on Anthracite and Coal Creeks in <br />Water Division 4. RMWUA filed a Notice to Contest in May of2005. <br /> <br />2. Staff will recommend that the Board approve the Stipulation between the parties and <br />include the terms of the Stipulation in the applications and decrees for the proposed instream <br />flows on Anthracite and Coal Creeks. So long as the Board approves the terms of the Stipulation <br />as set forth herein, RMWUA agrees to withdraw its Notices to Contest in this matter and will not <br />file Statements of Opposition in the CWCB's applications for in stream flow rights on Anthracite <br />and Coal Creeks. <br /> <br />A. The CWCB acknowledges that each of the conditional storage rights <br />claimed in the application in Case No 06CW59 would be senior in priority <br />to the proposed ISF watef rights on Anthracite Creek and Coal Creeks if <br />decreed with the claimed appropriation date. <br /> <br />B. To the extent that the eventual development of the conditional water right <br />claimed in Case No 06CW59 requires that the right be moved, in whole or <br />in part, to a different location Of locations within the Anthracite and Coal <br />Creek basins than those claimed in Case No 06CW59, the CWCB agrees <br />that the ISF water rights proposed on the Anthracite Creek and Coal Creek <br />will not be used as a basis to oppose any future application for a change in <br />point of diversion or change in place or places of storage of the water <br />rights claimed in Case No 06CW59, provided that the total amount of <br />watef stored under any such change does not exceed 12,669 AF. In <br />addition, RMWUA agrees, pursuant to ISF Rule 7, that should the Board <br />