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.. ...! . .' . . '1 DISTRlCT COURT, WATER DIVISION 5, COLORADO JiIIll Case No. 97CW283 . STIPULATION CONCERNING THE APPLICATION FOR WATER RlGHTS OF: The Town of Breckenridge in Summit County, Colorado Applicant, the Town of Breckenridge, and Objector, the Colorado Water Conservation Board (the "CWCB "), through their undersigned attorneys, hereby stipulate and agree as follows: 1. Applicant seeks water rights and a right of exchange on the Blue River and Miners Creek near Breckenridge in Summit County. 2. Applicant aclmowledges that the CWCB has the fOllowing decreed instream flow water rights to preserve the natural environment on the Blue River and Miners Creek to a reasonable degree, which rights were decreed prior to the filing of the application in Case No. 97CW283. Case No. 5-85CW649 5-86CW204 5-86CW217 . Stream Miners Creek Blue River Blue River AIIlount (cfs) 1.5 20110 32/16 Approp. Date 11/8/85 3/14/86 3/14/86 - 3. Any decree entered herein shall contain terins and conditions at least as restrictive on the Applicant as .the proposed ruling of the referee attached hereto, and shall also contain the following subparagraphs verbatim: . a. Applicant agrees that the maximum amount of water available for diversion under the June 1, 1910, Miners Creek Ditch appropriation, as described in Paragraphs 4 and 5 (of this proposed decree), shall be the lesser of 2.0 c.f.s. and the amount that satisfies the conditions below. b. Applicant further agrees that the amount of water available for its Blue River right of exchange, as described in Paragraphs 4 and 5 (of this proposed decree), shall be the lesser of: I) the actual amount measured and accounted for at the point where the Applicant diverts water from the Miner's Creek drainage into the Blue River drainage; and 2) the actual amount measured and accounted for at the point where the Applicantputs the water into North Barton Gulch. . c. Applicant agrees that it will not effectuate the exchange, as described in Paragraphs 4 and 5 (of this proposed decree), except when the CWCB's instream flow amounts , are met (as decreed in Case Nos. 86CW204 and 86CW217) between the pond approximately . .