ISFAPP00070

• Case Number: 00CW0107
• Stream Name: Oil Creek
• Watershed: Fourmile Creek
• Water Division: 2
• Water District: 12
• County: Teller
• Instream Flow App - Doc Type: Final Decree/Stipulations

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1. CC&Vagiees not to oppos~.the ISF aIllounts for Fourmile Creek listecl,.in Eihibit
A.

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2. CC&V agrees not to oppose an appropriatio.ndate ofJanuary 26,2000 for the ISF'
amounts listed in Exhibit A. Upon approval of this Stipulation, CC&V agrees to
withdraw its objection to the Fourmile-Creek ISF appropriations currently pending
before the CWCB, and agrees that it 'fill not enter statements' of opposition to the
CWCB's 2000 ISF water rights appl~cati~ns on, Fourmile Creek or object to the
entry of a decree for those ISF:water irights which incorporates this S~ipulatio.n.

The CWCS agrees to fully recognizeCC&V's approp,riative right of exchange as
described in the application for Case No, 98CW115, Water Divisiqn 2 (attached
hereto as Exhibit B) as being senior to the ISF amounts llsted in Exhibit A and
agrees .not to oppose that application or any application for the change of a senior
~ water right to be moved up FoUrmile Creek utilizing .the exchange capacity, or any
portion thereof, of CC&V's appropriative right of exchange UNDER CASE No.
. 98CWl1S. Notwithstanding t1i.eab~ve, in any such senior water right chaIi.ge
proceeding; the CWGB may challenge the amount of water CC&V claims to~ve
been historically divert~d and/or consumptively use~ under the senior water right.

3.

, A. CC&V agrees that, as ..a protective, term and condition, it will .not ex6rcise its
appropriative rights of excliange a~ described. in the application for Case' No.
. 98CW1l5, Water Division 2, in a'marmer that would cause the flow in Fourmile
'Creek to fall below the applicable s~asonal ISF amount for each streai:n segment
listed. in Exhibit A during the period :of October 15-Apri114. This protective term
and condition shall not apply to CC&V's exchange during the period of April
15-0ctober 14. The parties' agree that this protective term lj.D.d condition also does.
not apply to the release and re-diversion by CC& V of any wateroit has .previously
stored and then seeks to use at any.subsequent time, inCluding during the period
from October 15 through Apri114.i CC&V agrees to attach and incorporate this.
, Stipulation to/into the water rights fecree in CaseNo. 98CW115. .

5. The CWCB ag):ees that the terms Qf this Stipulation shall run with the ISF rights
listed in Exhibit A, and CWCB shall attach and mcorporate this Stipulation to/into
the water rights decree to be obtained for the Fourmile Creek ISF water. rights
listed in. Exhibit A.

6. This Stipulation constitutes the en,tire' agreement and understanding between the
parties and supercedes any priori agreements or understandings related to the
subject matter of this Stipulation. i This Stipulation may be. mOdified or amended

2.\myfiles\ejr\cevgmwr\strlpuladon between CC&V and CWCB

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