ISFAPP00299

• Case Number: 75W2775
• Stream Name: North Thompson Creek
• Watershed: Crystal River
• Water Division: 5
• Water District: 38
• County: Pitkin
• Instream Flow App - Doc Type: Final Decree/Stipulations

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IN THE DISTRICT COURT

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~. JAN 09 19B1 I II

IN AND FOR WATER DIVISION NO. 5

L.vL..lJ )
CONSERVATION' BOARO

AND STATE OF COLORADO

Case Nos. W-2774 and W-2775

IN THE MATTER OF THE APPLICA- )
TIONS FOR WATER RIGHTS OF THE )
COLORADO WATER CONSERVATION )
BOARD, ON BEHALF OF THE PEOPLE )
OF THE STATE OF COLORADO )
)
IN NORTH THOMPSON AND MIDDLE )
CREEKS )
)
IN PITKIN COUNTY )

STIPULATION

COMES NOW the applicant Colorado Water Conservation

Board (the "Board"), by and through the attorney general, and

objector Snowrnass Coal Company (successor in interest to

Anschutz Coal Corporation) by and through their attorneys,

Holme Roberts & OWen, and hereby agree and stipulate as

follows:

1. The inclusion of the fOllowing provisions in any

decree of the court entered in the above captioned cases will

protect the interests of' the parties to this stipulation.

2. Snowrnass Coal Company is the owner of the

water rights known as the Anschutz Mine No.1 and No.3 which

were decreed June 21, 1977 in Water Division No.5, Case No.

W-2979. The source of water from these water rights was

decreed as being tributary directly to the COlorado River. Any

return flow from the use of these water rights is currently to

North Thompson Creek.

3. Inasmuch as the source of the Anschutz Mine No.

1 and No. 3 is not Middle Thompson or North Thompson CreekS,
the Board (a) does not assert any right as agWnst Snowmass Coal
Company to.maintain conditions which permit the use of any
portions of the Anschutz Mine NO. 1 and No.3, including,

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