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'. BEFORE THE COLORADO W ATER CONSERVATION BOARD Stipulation IN THE MATTER OF THE STAFF'S RECOMMENDATIONS FOR AN INSTREAM FLOW APPROPRIATION ON FOURMILE CREEK AND OIL C~EK, WATER PMSIONNO.2 The Staff of the Colorado Water Conservation Board ("Staff') and the City of Cripple Creek ("Cripple Creek) (collectively "the parties") hereby stipulate and agree as follows: WHEREAS, the Staff has recommended proposedinstream flow ("ISF") amounts for Oil Creek and Fourmile Creek and the Colorado Water Conservation Board ("CWCB") has appropriated and stated its intent to claim an appropriation date of January 26, 2000 for certain instream flow segments located on Oil Creek from its headwaters to the confluence . with Fourmile Creek, and on Fourmile Creek from the confluence of Fourmile Creek and Barnard Creek down to the confluence of Fourmile Creek and Wilson Creek. WHEREAS, in 1996, in Case No. 96CW233, Cripple Creek applied for: 1) the right to store water in Oil Creek Reservoir, to divert water divert water at the Oil Creek Pipeline, and to store water in West Four Mile Creek Reservoir; 2) an augmentation plan that would rely on consumptive use credits from the dry up oflands irrigated by diversions made on Fourmile Creek (Howard and Spring Ditches) and West FO\ltmile Creek (George Ditch) to replace out- of-priority depletions to Fburmile Creek for water diverted into the Oil Creek Reservoir and Pipeline; and, 3) two exchanges, one from the confluence of West Fourmile Creek and Fourmile Creek up to the Oil Creek Reservoir an4 Pipeline, and another exchange from the confluence of Cripple Creek and Fourmile Creek:upto the West Fourmile Creek Reservoir. WHEREAS, in 1998, in Care No. 9&CW174, Crippl-e Creek applied for: 1) three conditional surface water rights on Fourmile Creek and Oil Creek, near Cripple Creek; 2) an augmentation plan where Cripple Creek will auginent the depletions from Oil Creek and Fourmile Creek from the Fourmile Creek Pipelhie, the Cripple Creek Evergreen Station Pipeline, and the Oil Creek II Pipeline, by directly bypassing consumptive use credits associated with historically irrigated lands, by releasing stored consumptive use credits . associated with historically irrigation lands, by u~ing Beaver Creek transbasin water credits or by releasing stored transbasin credits. WHEREAS, the CWCB holds an instream flow water right, decreed in Case No. 95CW233 on Fout'lnile Creek from the confluence of Fourmile Creek and Oil Creek down to the confluence of Fourmile Creek and Hay Creek, for 3.5 c.f.s. (3/15-9/14) and for 1.5 c.f.s. (9/15-3/14), with an appropriation date ofNoveJjnber 6,1995, which could be injured by Cripple Creek's applications. For that reason, tl\e CWCB entered Statements of Opposition in Case Nos. 96CW233 and 98CW174. .. " EXH'IBIT 1~"V'"'; " '. '. . .~"" '.