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• Board Meeting Date: 3/18/2008
• Description: ISF Section - Injury with Mitigation - Case No. 3-99CW34 - Application of Charles Nearburg
• Board Meetings - Doc Type: Memo

District Court, Water Division 3, State of Colorado
702 Fourth St. DRAFT -March 10, 2008
Alamosa, CO 81101
[phone]
CONCERNING THE APPLICATION FOR WATER
RIGHTS OF CHARLES E. NEARBURG, THOMAS
RICHTER AND CHERI RICHTER
IN RIO GRANDE AND MINERAL COUNTIES
COURT USE ONLY ~
Charles B. White, No. 9241 Consolidated Case Nos.
David S. Hayes, No. 28661 04CW9 & 99CW34
PETROS & WHITE, LLC
1999 Broadway, Suite 3200
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
E-mail: cwhite~a etros-white.com
STIPULATION
(INJURY WITH MITIGATION)
Applicant, Charles E. Nearburg ("Nearburg"), and Opposer, the Colorado Water
Conservation Board ("the CWCB"), hereby stipulate and agree as follows:
1. Nearburg owns properties located near Creede, in Mineral County, Colorado,
known as the Trout Creek Ranch and Broadacres Ranch (collectively, the "Ranches"). Nearburg
has appropriated water rights in connection with the Trout Creek Fishery Channel Nos. 1 through
5 (the "Trout Creek Structures"), to be constructed at the Trout Creek Ranch, the approximate
locations of which are shown on Exhibit A, attached hereto and incorporated herein, and
described as follows:
a. Trout Creek Fishery Channel No. 1, with a point of diversion on Trout
Creek in the SW1/a SEl/a, Section 25, T40N, R2W of the N.M.P.M., at a point 770 feet from the
south section line and 2610 feet from the east section line.
b. Trout Creek Fishery Channel No. 2, with a point of diversion on Trout
Creek in the SW1/a SEl/a, Section 25, T40N, R2W of the N.M.P.M., at a point 1320 feet from the
south section line and 2570 feet from the east section line.
c. Trout Creek Fishery Channel No. 3, with a point of diversion on Trout
Creek in the NW1/a SEl/a, Section 25, T40N, R2W of the N.M.P.M., at a point 1920 feet from the
Exhibit 2