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i BEFORE THE COLORADO W ATER CONSERVATION BOARD Stipulation IN THE MATTER OF THE STAFF'S RECOJv.t:MENDATIONS FORAN INSTREAM FLOW APPROPRIATION ON FOURMILE CREEK AND OIL q.EEK, WATER PMSION NO.2. The Staff of the Colorado Water Couservation Board ("Staff') and the City of Cripple Creek ("Cripple Creek) (collectively "the parties") hereby stipulate and agree as follows: WHEREAS, the Staff has recommended proposed instream flow ("ISF") amounts for Oil Creek and Fourmile Creek and the Colorado Wateri Conservation Board ("CWCB") has appropriated and stated its intent to claim an appropriation date of January 26, 2000 for certain instream flow segments located on Oil Creek from its headwaters to the confluence with Fourmile Creek, and on Fourmile Creek :f'romthe confluence of Fourmile Creek and Bamard Cre.ek down to the confluence of Fourmile Creek and Wilson Creek. WHEREAS, in 1996, in Case No. 96CW233, Cripple Creek applied for: i) the right to store water iri Oil Creek Reservoir; to divert water diver\; water at the Oil Creek Pipeline, and to store water in West Four Mile Creek Reservoir; 2) an alolgmentation plan that would rely on consumptive use credits from the dry up of lands irrigated by diversions made on Fourmile Creek (Howard and Spring Ditches) and West Fourmile Creek (George Ditch) to replace out. of-priority depletions to-Fourmile Creek for water diverted into the Oil Creek Reservoir and Pipeline; and, 3) two exchanges, one from the confluence of West Fourmile Creek and Fourmile Creek up to the Oil Creek Reservoir arid Pipeline, and another exchange from the confluence of Cripple Creek and Fourmile Creek up to the West Fourmile Creek Reservoir. WHEREAS, in 1998, in Case No. 9&CWI74, Cripple Creek applied for: I) three conditional surface water rights on Fourmile Creek and Oil Cfeek, near Cripple Creek; 2) an augmentation plan where Cripple Creek will augment the depletions from Oil Creek and Fourmile Creek from the Fourmile Creek Pipeline, the Cripple Creek Evergreen Station Pipeline, and the Oil Creek II Pipeline, by directly bypassing consumptive us!' credits associated with historically irrigated lands, by releasing stored consumptive use credits associated with historically irrigation lands, by u'sing Beaver Creek transbasin water credits or by releasing stored transbasin credits. WHEREAS, the CWCB holds an instream flow water right, decreed in Case No. 95CW233 onFoutmile Creek from the confluence of Fourmile Creek and Oil Creek down to the confluence of Fourmile Creek and Hay Creek, for 3.5 c.f.s. (3/15-9/14) and for 1.5 c.f.s. (9/15-3/14), with an appropriation date of November 6, 1995, which cou1d be i~ured by Cripple Creek's applications. For that reason, th~ CWCB entered Statements of Opposition in Case Nos. 96CW233 and 98CW174. ... .. EXH'lBIT I ..A:...---;;.:.: . . . ". '.~ ,,', '.