Laserfiche WebLink
<br />" <br /> <br />'. <br /> <br />~ <br /> <br />STIPULATION <br /> <br />THIS STIPULATION is entered into as of thisZ(:, 1day 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, Suite700, Denver, Colorado 80111 ("CC&V"). <br /> <br />WHEREAS, the eWCB has identified proposed instream flow ("ISF") amounts for <br />Founnile Creek as listed in Exhibit A, attached her~to, and has stated its intention to claim an <br />appropriation date of January 26, 2000, for these am,ounts, 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 interestinthe CWCli's ISF proposal for Fourmile Creek <br />because Cc& V. has filed an :application with the Water Court to confirm its appropriative right <br />of exc):lang'e .as described 'in the application in Case No. 98CW1l5, Water Division 2 (attached <br />hereto as Exhibit B), said exchange right having an appropriation date of September 18, 1998; anci <br /> <br />WHEREAS, CC& V intends to use its approp~iative 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'lIlt senior water' rights (including CC&V's <br />appropriative right of exchange) are accounted for; and that the appropr~tion date for the ISF <br />proposal cannofbe any earlier than the date the CWCB lI].akes 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 de~cribed in the application for Case No"~8CW1l5, Water .Division 2. CC&V and the <br />CWCB.. have worked together to develop term~ and conditions that ,will allow CC&V's <br />appropriative right of exchange and the proposed ~SF 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 GWCB's ISF proposal, as listed in Exhibit A. . <br /> <br />NOW, THEREFORE, in consideration of the above~recited pre~ises which the parties <br />acknowledge to be good and sufficient consideration for this Stipulat~on, the parties agree as <br />, <br />follows: . <br /> <br />t'EXHIBI1 <br />i A <br />