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

NOW, THEREFORE, in consideration of the above recited premises, which the Staff and
Cripple Creek acknowledge to be good and suffici.ent consideration for this Stipulation, the
parties agree as follows:

1. The CWCB will enter into a stipulation with Cripple Creek in Case No. 96CW233
providing that theCWCB will not object to the entry of a decree in that case so long as
the decree includes the following language verbatim: '

a, Applicant acknowledges that the CWCBhas a decreed instream flow water right
(Case No. 95CW233 on Fourmile Creek from the confluence of Fourmile Creek and
Oil Creek down to the confluence ofFO\1rmile Creek and Hay Creek, for 3.5 cJ,s.
(3/15-9/14) and for 1.5 cJ.s. (9/15-3/14)with an appropriation date of November 6,
1995) to preserve the environment to a reasonable degree, which right was decreed
prior to the filing of the application in Case No. 96CW233,
b. Applicant agrees to curtail diversions made under the Oil Creek Pipeline and
Reservoir at any time the CWCB's Founnile Creek instream flow water right,
identified above, is not being satisfied.
c. Applicant agrees that its exchange from the confluence of West Fourmile Creek and
Founnile Creek to the Oil Creek Pipellr\e and Reservoir is junior to the CWCB's
instream flow water right identified above. As s\,!ch, Applicant will only operate this
exchange when the CWCB' s instream flow water right is satisfied,
d, Applicant agrees to install and maintain such measuring devices as may be required
by the State or Division Engineer, pursuant to Section 37-92-502(5), C.R.S" to
administer the terms of this decree. The CWCB shall have access to any such
measuring device(s) at reasonable times in order to make readings therefrom.

2, The CWCB will enter into a stipulation with Cripple Creek in Case No, 98CW174
providing that the CWCB will not object to the entry of a decree in that case so long it is
consistent with the existing application, and so long as the final decree includes the
following language verbatim:

a. Applicant acknowledges that the CWCB has a decreed instream flow water right
(Case No. 5-95CW233 on Fourmile c!reek from the confluence of Fourmile Creek
and Oil Creek down to the confluencd of Fourmile Creek and Hay Creek, for 3.5
cJ.s, (3/15-9/14) and for 1.5 c.f,s. (9/i5-3/14) with an appropriation date of
November 6, 1995) to preserve the environment to a reasonable degree, which right
was decreed prior to the filing of the application in Case No. 98CW174.
b. Applicant agrees to curtail diversions made under the Cripple Creek Evergreen
Station Pipeline, the Cripple Creek Four Mile Pipeline and the Oil Creek Pipeline
No. III at any time when the CWCB' s Fourmile Creek'instream flow water right,
identified above, is not being satisfieq.
c, Applicant agrees that its exchanges from the cOt)fluence Beaver Creek and the
Arkansas River to the Oil Creek Reservoir and Pipeline, the Oil Creek Pipeline
(alternate point of diversion), the Oil Creek II Pipeline, the Cripple Creek Evergreen
Station Pipeline, and the Cripple Creek Founnile Pipeline are junior to the CWCB's