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<br />" <br /> <br />, <br /> <br />Mr. Dan Merriman <br />April 14, 1998 <br />Page 4 <br /> <br />o <br /> <br />e <br /> <br />Decreed Terms and Conditions: A conditional water rights decree has not yet <br />been granted for the Carbon Creek Reservoir. Mt. Emmons Mining Company will <br />include the following terms and conditions in any proposed decree: <br /> <br />a) The Colorado Water Conservation Board (CWCB) holds a minimum flow <br />decree previously adjudicated on Carbon Creek in Case No. 80CW109, for 3.0 <br />cfs with an appropriation date of March 17, 1980.. That minimum flow right <br />may be injured unless certain protective conditions are included in any decree <br />entered in this matter. <br /> <br />b) The CWCB minimum flow rights are senior to the rights of the Applicant, <br />and as such, the Applicant will not divert or store water if the CWCB minimum <br />flow rights are not fully satisfied as measured immediately below the proposed <br />storage facility on Carbon Creek. <br /> <br />c) The proposed storage facility on Carbon Creek will inundate a portion of <br />CWCB's minimum flow reach on Carbon Creek for a distance of approximately <br />one mile. <br /> <br />d) Prior to diverting waters of Carbon Creek pursuant to this decree, Applicant <br />shall install, maintain and monitor on Carbon Creek at locations determined by <br />the Diversion Engineer and at Applicant's expense, such measuring devices and <br />keep such records as deemed necessary for the Division Engineer to admini~ter <br />the terms of this stipulation and decree. The CWCB, the State and Division <br />Engineer and their agents shall have access to such measuring devices and <br />records at reasonable times. . <br /> <br />e <br /> <br />e) Applicant has submitted to CWCB, pursuant to its rules, a request to <br />inundate a minimum flow. CWCB has deferred consideration of that request <br />until permitting by other state, federal or local governmental agencies <br />concerning the Mt. Emmons Project is completed. In the event that Applicant is <br />required by other governmental entities to provide mitigation or compensation to <br />offset impacts of the Mt. Emmons Project, CWCB shall consider the cumulative <br />affect of such mitigation or compensation on the mitigation or compensation it <br />will require as a condition of granting its approval to inundate a portion of the <br />Carbon Creek minimum flow reach. When making its determination whether to <br />approve the request to inundate, CWCB may require additional compensation or . <br />mitigation than that required by the other govermnental agencies in accordance <br />with CWCB's rules. Prior to any construction ttat would cause i,,';!:dation of <br /> <br />e <br />