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<br />~-OO~WiOU <br />Chicago Creek <br /> <br />particularly described as points on Chicago Creek and Devil's <br />Canyon, both of which are located approximately 500 feet from <br />the confluence of said streams. <br />~ <br /> <br />4. Idaho ~prings is the applicant in Case <br />No. 84CW508, which is an application for a conditional water <br />storage right for the Idaho Springs Storage Reservoir (a/k/a <br />Chicago Creek Reservoir), First Enlargement (the wFirst <br />Enlargement RightW). As described in greater detail in said <br />application, use of the First Enlargement Right will <br />necessitate that the present Idaho Springs Storage Reservoir <br />be enlarged at its existing site. <br /> <br />5. Idaho Springs also is a co-applicant with the <br />Adolph Coors Company in Case No. 84CW671, which is an <br />application for confirmation of a right of substitution and <br />exchange involving water tributary to Chicago Creek (the <br />WIdaho Springs-Coors Exchange RightsW). Applicants propose to <br />store water in Chicago Creek Reservoir under its original <br />right and the First Enlargement Right when these rights are in <br />priority and by substitution and exchange with water in Clear <br />Creek when the rights are not in priority, all as described in <br />greater detail in said application. <br /> <br />6. The Board and Idaho Springs desire to resolve <br />their differences without further litigation and therefore <br />have entered into this stipulation. <br /> <br />7. The Instream Flow Rights are and shall be <br />administered as junior to the Idaho Springs Water Rights, <br />which are used by Idaho Springs as part of its municipal water <br />supply system and diverted at their decreed points of <br />diversion. <br /> <br />8. Furthermore, Idaho Springs and the Board agree <br />that as between the Instream Flow Rights and the Municipal <br />Exchange Rights, these two rights shall be administered as set <br />forth in this paragraph. During those periods when the flows <br />in Chicago Creek in the reach of the Municipal Exchange Rights <br />exceed 9 cfs, the Board shall be entitled to exercise its <br />Instream Flow Right of 3.5 cfs in its entirety. During those <br />periods when flows in Chicago Creek in the reach of the <br />Municipal Exchange Right are less than 9 cfs, the flows shall <br />be allocated on a pro rata basis between the Municipal <br />Exchange Rights and the Instream Flow Rights as follows: <br /> <br />-2- <br />