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<br />. <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />DISTRICT COURT, WATER DIVISION 4, STATE OF COLORADO <br /> <br />Case No. 96CW311 <br /> <br />STIPULATION <br /> <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE MOUNT EMMONS <br />MINING COMPANY, an affIliate of Climax Molybdenum Company, IN THE SLATE <br />RIVER, CARBON CREEK, AND ELK CREEK, ALL TRIBUTARIES TO THE GUNNISON <br />RIVER <br /> <br />Applicant, the Mount Emmons Mining Company, and Objector, the Colorado Water <br />Conservation Board (the "Board"), through their undersigned attorneys, hereby stipulate and <br />agree as follows: <br /> <br />L Applicant seeks conditional water rights on the Slate River, Carbon Creek and Elk <br />Creek, including conditional storage rights for a reservoir on Carbon Creek. <br /> <br />2. <br /> <br />Any decree entered herein shall contain the following subparagraphs verbatim: <br /> <br />a) The Colorado Water Conservation Board (CWCB) holds a minimum stream flow <br />decree previously adjudicated on Carbon Creek in Case No. 80CW109, for 3.0 cfs with <br />an appropriation date of March 17, 1980. That minimum flow right may be injured <br />unless certain protective conditions are included in any decree entered in the above <br />captioned matter. <br /> <br />b) The CWCB minimum flow rights are senior to the rights of the Applicant, and as <br />such, the Applicant will not divert or store water if the CWCB minimum flow rights . <br />are not fully satisfied as measured immediately below the proposed diversion structure <br />and storage facility. <br /> <br />c) The proposed storage facility on Carbon Creek will inundate a portion of CWCB' s <br />minimum flow reach on Carbon Creek for a distance of approximately one mile, and <br />may cause injury to the CWCB' s water right. <br /> <br />d) Prior to diverting water pursuant to this decree, Applicant shall install, maintain and <br />monitor on Carbon Creek at locations determined by the Diversion Engineer and at <br />Applicant's expense, such measuring devices and keep such records as deemed <br />necessary for the Division Engineer to administer the termS of this stipulation and <br />decree. The CWCB, the State and Division Engineer and their agents shall have access <br />to such measuring devices and records at reasonable times. <br /> <br />e) Applicant has submitted to CWCB, pursuant to its Instream Flow and Natural Lake <br />Level Program Rules and Regulations, a request to inundate a minimum flow. CWCB <br />has deferred consideration of that request until permitting by other state, federal or <br />