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<br />NOW, THEREFORE, in consideration of the above recited premises, which the Staff and <br />Cripple Creek acknowledge to be good and sufficient consideration for this Stipulation, the <br />parties agree as follows: <br /> <br />1. The CWCB will enter into a stipulation with Cripple Creek in Case No. 96CW233 <br />providing that the CWCI\ will not object to the entry of a decree in that case so long as <br />the decree includes the following language verbatim: <br /> <br />a. Applicant acknowledges that the CWCB has a decreed instream flow water right <br />(Case No. 95CW233 on Fourmile Creek from the confluence of Fourmile Creek and <br />Oil Creek down to the confluence of Founnile Creek and Hay Creek, for 3.5 c,f.s. <br />(3/15-9/14) and for 1.5 c.f.s. (9/15-3/14) with an appropriation date of November 6, <br />1995) to preserve the environment to a reasonable degree, which right was decreed <br />prior to the filing of the application in Case No. 96CW233. <br />b. Applicant agrees to curtail diversions made under the Oil Creek Pipeline and <br />Reservoir at any time the CWCB 's Fourmile Creek instream flow water right, <br />identified above, is not being satisfied. <br />c. Applicant agrees that its exchange from the confluence of Wes.t Fourmile Creek and <br />Fourmile Creek to the Oil CreekPipeline and Reservoir is junior to the CWCB's <br />instream flow water right identified above. As sl,lch, Applicant will only operate this <br />exchange when the CWCB' s instream flow water right is satisfied. <br />d. Applicant agrees to install and maintain such measm'ing devices as may be required <br />by the State or Division Engineer, pursuant to Section 37-92-502(5), C.R.S., to <br />administer the terms of this decree. The CWCB shall have access to any such. <br />measuring device(s) at reasonable times in; order to make readings therefrom. <br /> <br />2. The CWCB will enter into a stipulation with Cripple Creek in Case No. 98CW174 <br />providing that the CWCB will not object to the entry of a decree in that case so long it is <br />consistent with the existing application, and so long as the final decree includes the <br />following language verbatim: <br /> <br />a. Applicant acknowledges that the CW CB has a decreed instream flow water right <br />(Case No. 5-95CW233 on Fourmile.Creek from the confluence of Fourmile Creek <br />and Oil Creek down to the confluence of Fourmile Creek and Hay Creek, for 3.5 <br />c.f.s. (3/15-9/14) and for 1.5 c,f.s. (9/15-3/14) with an appropriation date of <br />November 6, 1995) to preserve the enviromnent to a reasonable degree, which right <br />was decreed prior to the filing of the application in Case No. 98CW174. <br />b. Applicant agrees to curtail diversions made under the Cripple Creek Evergreen <br />Station Pipeline, the Cripple Creek Four Mile Pipeline and the Oil CreekPipe1ine <br />No. 1lI at any time when the CWCB' s Fourmile Creekinstream flow water right, <br />identified above, is not being satisfieq. ' <br />c. Applicant agrees that its exchanges from the confluence Beaver Creek and the <br />Arkansas River to the Oil Creek Reservoir and Pipeline, the Oil Creek Pipeline <br />(alternate point of diversion), the Oil Creek II Pipeline, the Cripple Creek Evergreen <br />Station Pipeline, and the Cripple Creek Fourmile Pipeline are junior to the CWCB's <br />