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<br />STIPULATION
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<br />THIS STIPULATION is entered into as ofthis 2(;~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 eWCB 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 '
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<br />, ' WHEREAS, CC& V has' a direct interest'inthe cwcIi's ISF proposal for Fourmile Creek
<br />because' Cc&V.has filed ari:application with the Water Coutt to confii:m its appropriative right
<br />of exchange as described in the application in Case :No. 98CW115, Water Division 2 (attached
<br />hereto as Exhibit B), said exchange right havjng an ap?ropriationdate of September 18, 1998; anA
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<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 divers,ion as described in the application for Case
<br />No. 98CW115,Water Division 2, for use a~ the Crflsson 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 ,req1,lested are too ,high, that there is not enough '
<br />water in Fourmile Creek for the ISF proposal if '~11 senior water rightS (including CC&V's
<br />appropriative right of exchange) are accounted for,' and that the appropr.i2-tiori date for the ISF
<br />proposal cannot'be any earlier than the date the CWCB Ulakes the required statutory findings
<br />specified in C.R.S. ~ 37-92-102(3); and
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<br />WHEREAS, the CWeB does not intend to injUre CC&V's a,ppropriative right of exchange,
<br />including the right of CC&V to use,that exchange rikht to move senior water rights up Fourmile
<br />Creek as described in the application for Case No"9~CW115, Water .Division 2. CC&V and the
<br />CWCB.. have work~d 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 .
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<br />WHEREAS, on the basis of this Stipulation, CC& V is willing to, withdraw its objections
<br />to GweB's ISF proposal, as listed in Exhibit A. ! '
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<br />NOW, THEREFORE, in consideration of the above~recited premises wl).ich the parties
<br />acknowledge to be good and sufficient consideration for this Stipulat~on, the parties agree as
<br />follows:
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<br />EXHlBl1
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