ISFAPP00376

• Case Number: 00CW0105
• 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 (ABSOLUTE): Instrearn flow of 9.5 c.f.s, (April 15 -
October 14); and 5 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.

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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 senior water right change
proceeding, theCWCBmay challenge the amount,ofwater CC&V
claims to have been historically diverted and/or consumptively used
under the senior :water right. '.1'

ii. CC&V iigre~s that, as' a protective telin and condition, it will not
exercise its appropriative rights of exchange as' described in the application
for Case NQ, 98CWl15,Water Division'2, in a manner that would cause
the flow in Fourmile Creek to fall below the applicable season~l ISF
amount for each stream segment listed in Exhibit A during the period of
October 15-AprilI4, This protective term and condition shall not apply to
CC&V's exchange during the period of April 15-0ctober 14. The parties
agree that this protective teJ;lI1 and condition also does not apply to the
release and re-diversion byiCC&V of any water ithas previously stored
and then seeks to use at any subsequent time, inqluding 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 September 15, 2000, attached as Exhibit Band
incorporated herein, which provides, among other things, that:

L The CWCB agrees to enter into stipulations with the City in Case Nos,
96CW233 and 98CW174 (applications of the City for certain water rights)
providing that the CWCB will not obj ect to the entry of decrees in those

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