ISFAPP01237

• Case Number: 80CW0090
• Stream Name: Pass Creek
• Watershed: Rio Grande
• Water Division: 3
• Water District: 20
• County: Mineral
• Instream Flow App - Doc Type: Final Decree/Stipulations

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accordingly determined not to file a statement of opposition
to the Application.

COVENANTS

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1. In order provide to the Applicants certainty
in the use and administration of their water rights, and in
consideration of $100.00 paid by the Applicants to the Board
and other good and sufficient consideration, the receipt and
sufficiency of which are hereby acknowledged, the Board
hereby agrees not to place a priority call for the benefit
of the Minimum Flow Rights on the water rights, conditional
water rights, and appropriative rights of exchange described
in the Application. The Board further acknowledges that
said Application will not result in material injury to the
Minimum Flow Rights.

2. The Applicants agree that this Stipulation
shall be effective only as to the amount and timing of
depletions to Pass Creek and the South Fork which result
from the water rights, conditional water rights, and
appropriative rights of exchange described in the
Application. Nothing in this Stipulation shall affect any
future appropriations by any party hereto. The Applicants
agree to furnish to the Board, at the Board's written
request, copies of all records pertaining to actual
diversions, water consumption, and effluent discharges
associated with the project which are maintained pursuant to
any decree approving the Application.

Dated this

day of

, 1987.

LEAVELL-MCCOMBS JOINT VENTURE
WOLF CREEK SKI CORPORATION

By:
Charles B. White, No. 9241
KIRKLAND & ELLIS
1999 Broadway, Suite 4000
Denver, Colorado 80202
[phone]

COLORADO WATER CONSERVATION BOARD

By:

ATTEST:

CBW459I.

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