BOARD00091 ‎(2)‎

• Board Meeting Date: 11/14/2006
• Description: ISF Section - Contested ISF Appropriation Hearing - Anthracite and Coal Creeks - Water Division 4
• Board Meetings - Doc Type: Hearings

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water rights on Anthracite and Coal Creek will not be used as a basis for
opposing the development of a reservoif proposed under Case No. 5873 or
the exchange agreement between RMWUA and North Fork Water
Conservancy referenced in paragraph 2(D) that would be developed
between RMWUA and the owners of the Snowshoe Reservoir.

3. Pursuant to section 37-92-102(3)(b), C.R.S. (2005), the CWCB acknowledges and
agrees that the instream flow water right applied for herein is subject to the exchange, as
described in paragraph 2(D) above, existing at the time the CWCB made its
appropriation. Further, the CWCB agrees that it will not use the ISF water rights
proposed on Anthracite Creek and Coal Creek as a basis oppose any future application
for an exchange of water rights from the reservoirs identified in Case No. 06CW59 so
long as the exchange is operated in the same timing and amounts and up to the same
diversion points as those identified in paragraph 2(D) above.

4. This Stipulation shall inure to the benefit of and be binding upon the successors
and assigns of the parties hereto.

5. The CWCB and RMWUA further stipulate that each will bear its own costs and
fees associated with theif appearance in this matter.

Dated this _ day of November, 2006.

JOHN SUTHERS
Attorney General

Amy F. Stengel, 34565*
Assistant Attorney General
Attorney for Staff of the Colorado Water
Conservation Board
1525 Sherman Street, 51h Floor
Denver, Colorado 80203
Telephone: [phone]
* Counsel of Recofd

RAGGED MOUNTAIN WATER USERS
ASSOCIA nON