ISFAPP00357

• Case Number: 00CW0104
• Stream Name: Fourmile Creek
• Watershed: Fourmile Creek
• Water Division: 2
• Water District: 12
• County: Fremont
• Instream Flow App - Doc Type: Final Decree/Stipulations

8. Amount of water claimed (ABSOI;UTE): Instream flow of 9.1 d.s. (April 15 -
October 14); and 4.75 c,f.s. (October 15 - April 14).

9, Proposed Terms and Conditions, In the appropriation proceedings before the
Colorado Water Conservation Board ("CWCB"), the Cripple Creek and Victor Gold Mining
Company ("CC& V") and the City of Cripple Creek ("City") contested the CWCB' s
appropriation of this instream flow water right.

a. As a result of negotiations, the CWCB and CC& V entered into a
stipulation dated September 26, 2000, attached as Exhibit A and
incorporated herein, which provides, among other things, that:

i. The CWCB agrees to fully recognize CC&V's appropriative right
of exchange as described in the application for Case No. 98CWl15, Water
Division 2, as being senior to the ISF amounts listed in Exhibit A of this
stipulation, and agrees not to oppose that application or any application
for the change of a senior water right to be moved up FoUrmile Creek
utilizing the exchange capacity, or any portion thereof, ofCC&V's
appropriative right of exchange under Case No. 98CWl15.
Notwithstanding the above, in any such seniqr water right change
proceeding, the CWCB may challenge the amount of water CC& V
claims to have been historically diverted and/or consumptively used
under the senior water right.

ii, CC& V agrees that, as a protective term and condition, it will not
exercise its appropriative rights of exchange as described in the application
for Case No. 98CW115, Water Division 2, in a manner that would cause
the flow in Fourmile Creek to fall below the applicable seasonal ISF
amount for each stream segment listed in Exhibit A during the period of
October IS-April 14. This protective term and condition shall not apply to
CC&V's exchange during; the period of April IS-October 14. The parties
agree that this protective t~rm and condition also does not apply to the
release and re-diversion by CC& V of any water it has previously stored
and then seeks to use at any subsequent time, including during the period
from October 15 through April 14.

b. As a result of negotiations, the CWCB and the City entered into a
stipulation dated Septemljer 15, 2000, attached as EXhibit B and
incorporated herein, whic~ provides, among other things, that:

1. The CWCB agrees to enter into stipulations with the City in Case Nos.
96CW233 and 98CW174 (applications of the City for certain water rights)

3