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<br />STIPULATION
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<br />THIS STIPULATION is entered into as Ofthi~zc,i'day of ~, 2,000, by
<br />and between the Colorado Water Conservation Board, whose address is 1313 Sherman Street,
<br />Denver, Colorado 80203 ("CWCB"), and the Cripple Creek & Victor Gold Mining Company,
<br />whose address is 5251 DTC Parkway, Suite 700, Denver, Colorado 80111 ("CC&V").
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<br />WHEREAS, the CWCB hlis identified proposed instream flow ("ISF") amounts for
<br />Fourri:tile Creek as listed in Exhibit A, attached hereto, and has stated its intention to claim an
<br />appropriation date of January 26,2000, for these amounts, except for 0,8 cfs on the High Creek
<br />to Cripple Creek reach,for which the BoaId shall cl~im an appropriation date cif September 26,
<br />2000; and '
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<br />, ' WHEREAS, CC& V han direct interest'in,the CWCIl>s ISF proposal for Fourmile Creek
<br />because CC& V has filed ari :application with the Water Court to confirm its appropriative right
<br />of exc~angeas described in the application in Case No, 98CW115, Water Division 2 (attached
<br />hereto as Exhibit B), said exchange fight having an appropriation date of September 18, 1998; an4
<br />, .,
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<br />WHEREAS, CC& V intends to use its appropriative right of exchange to move senior water
<br />rights up Fourmile Creek to various points bf diversion as described in the appli-cation for Case
<br />No, 98CW115,Water Division 2, for use at the Cresson Mine Project; and
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<br />WHEREAS, to protect its ,appropriative right of exchange, CC&V has objected to the
<br />'CWCB's ISF proposal arguing that the amounts requested are too ,high, that there is not enough '
<br />water in Fourmile Creek for the ISF proposal if 'aU senior water'rights (including CC&V's
<br />appropriative l'ight of exchange) are accounted for,i and that the appropr.i~tiori date for the ISF
<br />proposal cannofbe any earlier than the date the CWCB makes the required statutory findings
<br />specified in C,R,S. ~ 37-92-102(3); and
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<br />WHEREAS, the CWCB does not intend to injure CC&V's appropriative right of exchange,
<br />including the right of CC&V to use,that exchange rIght to move senior water rights up Fourmile
<br />Creek as des,cribed in the application for Case No.' Q8CW115, Water .Division 2. CC& V and the
<br />CWCs., have worked together to develop term~ and conditions that ,will allow CC&V's
<br />appropriative right of exchange and the proposed I$F rights to coexist without -injury to any of
<br />these rights; and '
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<br />WHEREAS, on the basis of this Stipulation, CC&V is willing to, withdraw its objections
<br />to CWCB's ISF proposal, as listed in Exhibit A. ' ,
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<br />NOW, THEREFORE, in consideration of .the above~recited premises which the parties
<br />acknowledge to be good and sufficient consideration for this Stipulat~on, the parties agree as
<br />follows:
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<br />:EXHI811
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