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<br /> <br />BEFORE THE COLORADO WATER CONSERVATION BOARD <br /> <br />Stipulation <br /> <br />IN THE MATTER OF THE STAFF'S RECOMMENDATIONS FORANINSTREAM <br />FLOW APPROPRlATION ON FOURMILE CREEK AND OIL CREEK, WATER <br />QIVISIONNO.2 <br /> <br />The Staff of the Colorado Water Conservation Board ("Staff") and the City of Cripple Creek <br />("Cripple Creek) (collectively "the parties") hereby stipulate and agree as follows: <br /> <br />WHEREAS, the Staff has recommended proposed instream flow ("ISF") amounts for Oil <br />Creek and Fourinile Creek and the Colorado Water Conservation Board ("CWCB") has <br />appropriated and stated its intent to claim an appropriation date of January 26, 200D for <br />certain instream flow segments located on Oil Creek from its headwaters to the confluence <br />with Fourmile Creek, and on Fourmile Creek from the confluence of Fourmile Creek and <br />Barnard Creek down to fue confluence of Fourmile Creek and Wilson Creek. <br /> <br />WHEREAS, in 1996, in Case No. 96CW233, Cripple Creek applied for: 1) the right to store <br />water in Oil Creek Reservoir, to divert water divert water at the Oil Creek Pipeline, and to <br />store water in West Four Mile Creek Reservoir; 2) an augmentation plan that would rely on <br />consumptive use credits from the dry up of lands irrigated by diversions made on Fourmile <br />Creek (Howard and Spring Ditches) and West Fourmile Creek (George Ditch) to replace out- <br />of-priority depletions to Fourmile Creek for water diverted into the Oil Creek Reservoir and <br />Pipeline; and, 3) two exchanges, one from the confluence of West Founnile Creek and <br />Fourmile Creek up to the Oil Creek Reservoir and Pipeline, and another exchange from the <br />confluence of Cripple Creek and Fourmile Creek up to the West Fourmile Creek Reservoir. <br /> <br />WHEREAS, in 1998, in Case No. 98CW174, Cripple Creek applied for: 1) three conditional <br />. surface water rights on Fourmile Creek and Oil Creek, near Cripple Creek; 2) an <br />augmentation plan where Cripple Creek will augment the depletions from Oil Creek and <br />Fourmile Creek from the Fourmile Creek Pipeline, the Cripple Creek Evergreen Station <br />Pipeline, and the Oil Creek II Pipeline, by directly bypassing consumptive use credits <br />associated with historically irrigated lands, by releasing stored consumptive use credits <br />associated with historically irrigation lands, by using Beaver Creek trans basin water credits <br />or by releasing stored transbasin credits. <br /> <br />WHEREAS, the CWCB holds an instream flow water right, decreed in Case No. 95CW233 <br />on Fourmile Creek from the confluence of Fourmile Creek and Oil Creek down to the <br />confluence of Fourmile Creek and Hay Creek, for 3.5 c.f.s. (3/15-9/14) and for 1.5 c.f.s. <br />(9/15-3/14), with an appropriation date of November 6,1995, which could be injured by <br />Cripple Creek's applications. For that reason, the CWCB entered Statements of Opposition <br />in Case Nos. 96CW233 and 98CW174. <br /> <br />.. <br />0/ EXH'IBIT <br />! ",lIt:' <br /> <br />