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

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1. CC&V agrees not to oppos~ the ISF amounts for Fourmile Cre~k listed, in EXhibit
A,

2, ' CC&V agrees not to oppose an appropriation' date ofJanuary 26,2000 for the ISF'
amounts listed in Exhibit A. Upon approval of this Stipulation, CC&V agrees to
withdraw its objection to the FourmUe Creek ISF appropriations currently pending
before the CWCB, and agrees that it will not enter statements' of opposition to the
CWCB's 2000 ISF water rights applicatipns o~Fourmile Creek or object to the
entry of a decree for those ISF:water rights which incorporates this Stipulatio,n.

3. The CWCB agrees to fully recognize CC&V's approp,riative right of exchange as
described in the application for Case No, 98CW1l5, Water Divisiqn 2 (attached
hereto as Exhibit B) as being senior to the ISF amounts listed in Exhibit A and
agrees not to oppose ,that application or any application for the change of a senior
',water right to be moved up Fot'itmi1e Creek utilizing ,the exchange capacity, or any
, portion thereof, of CC&V's appropriative right of exchange IDmER CASE No,
98CW1l5. Notwithstanding the above, in any such senior water right changp
proceeding; the CWGB may challenge the amount of water CC&V claims to;have '
been historiciilly divert~d and/or consumptively used under the senior water right.

, '4. CC&V agrees that, as..a proteCt.lve term and condition, it will ,not ex~rcise its
appropriative rights of exchange as described, in the application for Case' No.
98CWll5, Water Division 2, in a'manner that would cause the flow in Fourmile
'Creek to fall below the applicable seasonal ISF amount for each streaJ?l 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 term ~d condition also does ,
not apply to the release and re-diversion by CC& V of any wateroit has ,previously
stored and then seeks to use at any subsequent time, inclUding during the period
from October 15 through April 14. CC&V agrees to attach and incorporate this,
< StipUlation to/into the water rights decree in CaseNo. 98CW115. '

5. The,CWCB agrees that the terms of this Stipulation shall run with the ISF rights
listed in Exhibit A, and CWCB shall attach and mcorporate this Stipulation to/into
the water rights decree to be obtained for the Fourmile Creek ISF water- rights
listed in, Exhibit A.

6, This Stipulation constitutes the entire' agreement and understanding between the
parties and supercedes any prior agreements or understandings related to the
subject matter of this Stipulation. This Stipulation may be, mocjlfied or amended

2\myfiles\eJr\ccvgmwr\stripulatlcn between CC&V and ewes

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