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<br />
<br />.,
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<br />STIPULATION
<br />
<br />THIS STIPULATION is entered into as of this ,?(.1"day of ~ ,2000, 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").
<br />
<br />WHEREAS, the CWCB has identified proposed instream flow ("ISP") amounts for
<br />Poumule 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,exceptfor 0.8 cfs on the High Creek
<br />to Cripple Creek reach, for which the Board shall claim an appropriation date of September 26,
<br />2000; and .
<br />
<br />, ' WHEREAS, CC&V has-a direct interestin,the CWCI"i's ISP proposal for Pounmle Creek
<br />because' CC&V. has filed ari:application with the Water Court to confihn its appropriative right
<br />of excpang'e ,as described in the application in Case No. 98C\V1l5, Water Division 2 (attached
<br />hereto as Exhibit B), said exchange right having an appropriation date of September 18, 1998; an4
<br />
<br />WHEREAS, CC& V intends to use its appropriative right of exchange to move senior water
<br />rights up Fourmile Creek to various points of diversion as described in the applrcation for Case
<br />No. 98CW1l5..Water Division 2, for use at the Cresson Mine Project; and
<br />
<br />WHEREAS, to protect its ,appropriative right of exchange, CC&V has objected to the
<br />CWCB'i; ISP 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 right of exchange) are accounted for, and that the approprj~tiori date for ~he ISP
<br />proposal cannot'be any earlier than the date theCWCB makes the required statutory findlngs
<br />speCified in C.R,S. ~ 37-92-102(3); and
<br />
<br />WHEREAS, the CWCB doe's 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 described in the application for Case No.' 98CW1l5, WaterDivision 2. CC& V and the
<br />CWCB., have work~d together to develop te):ms and conditions that .will allow CC&V's
<br />appropriative right of exchange and the proposed ISP rights to coexist without .injury to any of
<br />these ):ights; and '
<br />
<br />WHEREAS, on the basis of this Stipulation, CC&V is willing to, withdraw its objections
<br />to GWCB's ISP proposal, as listed in Exhibit A.
<br />
<br />, .
<br />NOW, THEREPORE, in consideration of the above~recited premises which the parties
<br />acknowledge to be good and sufficient consideration for this Stipulation, the parUes agree as
<br />follows:
<br />
<br />:"'EXHIBl1'
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