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<br />STIPULATION
<br />
<br />THIS STIPULATION is entered into as of this 2fA'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 />Fourmile 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, except for 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 interest'inthe cweR's ISF proposal for Fourmile Creek
<br />because' CC& V has filed an :application with the Water Court to confiim its appropriative right
<br />of exchang'e,as described in the application in Case No. 98CW115, Water Division 2 (attached
<br />hereto as Exhibit B), said exchange right havjng an appropriation date of September 18, 1998 i anci
<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 application 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's ISF proposal arguing that the amounts requested are too .high, that there is not enough
<br />water in Fourmile Creek for the ISF proposal if an senior water rights (including CC&V's
<br />appropriative right of exchange) are accounted for, and that the appropr,i~.tion date for the ISF
<br />proposal cannot be any earlier than the date the CWCB makes the required statutory findings
<br />speCified in C.R,S, ~ 37-92-102(3); and
<br />
<br />WHEREAS, the CWCB does 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.'98CWl15, Water Division 2. CC&V and the
<br />CWCB.. have worked together to develop terms and conditions that will allow CC&V's
<br />appropriative right of exchange and the proposed ISF rights to coexist without ,injury to any of
<br />these rights; and
<br />
<br />WHEREAS, on the basis of this Stipulation, CC&V is willing to, withdraw its objections
<br />to CWCB's ISF proposal, as listed in Exhibit A, '
<br />
<br />,"
<br />NOW, THEREFORE, in consideration of the above~recited premises which the parties
<br />acknowledge to be good and sufficient consideration for this Stipulation, the parties agree as
<br />follows:
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<br />EXHIB
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