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<br />,
<br />
<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 CWC:a 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 instIeam 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 diveIsions made under the Oil Creek Pipeline and
<br />Reservoir at any time the CWCB' s Fourmile Creek instIeam flow waterright,
<br />identified above, is not being satisfied,
<br />c. Applicant agrees that its exchange from the confluence ofWes,t Fourmile Creek and
<br />Fourmile Creek to the Oil Creek Pipeline and Reservoir is junior to the CWCB' s
<br />instream flow water right identified above, As s1ich, Applicant will only operate this
<br />exchange when the CWCB's instIeam flow water right is satisfied,
<br />d, Applicant agrees to install and maintain such measuring devices as may be Iequired
<br />by the State or Division Engineer, pUIsuant to Section 37-92-502(5), C,R.8" to
<br />administer the terms of this decree, The CWCB shall have access to any such,
<br />measuring devic.e(s) at reasonable times in oIder to make readings theIefrom,
<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 CWCB 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 cJ,s, (9/15-3/14) with an appropriation date of
<br />November 6, 1995) to preserve the environment to a reasonable degree, which right
<br />was decreed prior to the filing ofthe application in Case No, 98CW174.
<br />b, Applicant agrees to curtail diveIsions made under the Cripple Creek EveIgreen
<br />Station Pipeline, the Cripple Creek Four Mile Pipeline and the Oil Creek Pipeline
<br />No, III at any time when the CWCB's Fourmile CreekinstIeam flow water right,
<br />identified above, is not being satisfieq,
<br />c, Applicant agrees that its exchanges from the confluence Beaver CIeek 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 />
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