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ISFAPP01241 Final Decree
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ISFAPP01241 Final Decree
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Last modified
4/16/2016 12:05:36 AM
Creation date
10/5/2006 10:21:39 PM
Metadata
Fields
Template:
Instream Flow Appropriations
Case Number
00CW0101
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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<br />, <br /> <br />STIPULATION <br /> <br />THIS STIPULATION is entered into as Ofthiszc;,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, Suite 700, Denver, Colorado 80111 ("CC&V"). <br /> <br />WHEREAS, the CWCB has identified proposed instream flow ("ISF") amounts for <br />Founnile Creek as listed in Exhibit A, attached hereto, and has stated its intention to claim an <br />appropriation date o(January 26, 2000, for these amounts, 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 interest in the CWCB's ISF proposal for Fourmile Creek <br />because CC&V has filed ariapplication with the Water Court to confirm its appropriative right <br />of exchange as described in the application in Case No. 98CWl15, Water Division 2 (attached <br />hereto as Exhibit B), said exchange right having an appropriation date of September 18, 1998; and <br /> <br />WHEREAS, CC& V intends to use its appropriative 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. 98CW115,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 all senior water rights (including CC&V's <br />appropriative right of exchange) are accounted for, and that the approprjatiori date for the ISF <br />. . . <br />proposal cannotbe any earlier than the date the CWCB makes 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'sappropriative 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 described in the application for Case No.'98CWI15, Water Division 2. CC&V and the <br />CWCR have worked together to develop terms and conditions that will allow CC&V's <br />appropriative right of exchange and the proposed ISF 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 premises which the parties <br />acknowledge to be good and sufficient consideration for this Stipulation, the parties agree as <br />follows: <br /> <br />EXH IBI <br />I A <br />
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