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<br />8, Amount of water claimed (ABSOLUTE): Instream flow of 3.5 c,f.s. (April 1 _
<br />May 14); 9,5 c,f.s, (May 15 - June 14); 3,5 c,f,s, (June 15 - October 31); and 5 c,f,s,
<br />(November 1 - March 31),
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<br />9, Proposed Terms and Conditions, In the appropriation proceedings before the
<br />ColoIado Water Conservation Board ("CWCB"), the Cripple Creek and Victor Gold Mining
<br />Company ("CC& V") and the City of Cripple Creek ("City") contested the CWCB' s
<br />appropriation of this instream flow water right.
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<br />a, As a result of negotiations, the CWCBand CC&V entered into a stipulation dated
<br />September 26, 2000, attached as Exhibit A and incorporated herein, which
<br />provides, among other things, that:
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<br />i. The CWCB agrees to fully recognize CC&V's appropriative right
<br />of exchange as described in the application for Case No, 98CW1l5, Water
<br />Division 2, as being senior to the ISF amounts listed in Exhibit A ofthis
<br />stipulation, and agrees not to oppose that application or any application
<br />for the change of a senior water right to be moved up Fourmile Creek
<br />utilizing the exchange capacity, or any portion thereof, ofCC&V's
<br />appropriative right of exchange under Case No, 98CWl15,
<br />Notwithstanding the above, in any such senior water right change
<br />proceeding, the CWCB may challenge the amount of water CC&V
<br />claims to have been historically diverted and/or consumptively used "
<br />under the senior water right.
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<br />ii, CC&V agrees that, as a protective term and condition, it will not
<br />exercise its appropriative rights of exchange as described in the application
<br />for Case No, 98CW115, Water Division 2, in a mariner that would cause
<br />the flow in Founnile Creek to fall below the applicable seasonal ISF
<br />amount for each stream segment listed in Exhibit A during the period of
<br />October 15-Apri114, This protective term and condition shall not apply to
<br />CC&V'sexchange during the period of Apri115-0ctober 14, The parties
<br />agree that this protective term and condition also does not apply to the
<br />release and re-diversion by CC& V of any water it has previously stored
<br />and then seeks to use at any subsequent time, including during the period
<br />from October 15 through April 14,
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<br />b, As a result of negotiations, the CWCB and the City entered into a stipulation
<br />dated September 15, 2000, attached as Exhibit B and incorporated herein, which
<br />provides, among other things, that:
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