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<br />STIPULATION
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<br />. THIS STIPULATION is entered into as of this ,zc,1I:dayof ~ ,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").
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<br />WHEREAS, the CWCB has identified proposed instream flow ("ISF") amounts for
<br />Fourmile Creek as listed in Exhibit A, attached hereto, and has stated its intention to claim an
<br />appropriation date of January 26, 2000, for these amQunts, except for 0.8 cfs on the High Creek
<br />to Cripple Creek reach, for which the Board shall claim an appropriation date o'f September 26,
<br />2000; and .
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<br />. ' WHEREAS, CC& V has a direct interest'in,the CWCB's ISF proposal for Fourmile Creek
<br />because CC&V has filed ari:application with the Water Court to confirm its f1.ppropriative right
<br />of exchang'eas described in the application in Case *0, 98CW115, Water Division 2 (attached
<br />hereto as Exhibit B), said exchange right havjng an ap~ropriation date of September 18, 1998; al14
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<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 appli:catiori for Case
<br />No: 98CW1l5..Water Division 2, for use at the Cresson Mine Project; and
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<br />WHEREAS, to protect its ,appropriative right of exchange, CC&V has objected to the
<br />CWCB's ISF proposal arguing that the amounts ,reqqested 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 appropriatiori date for the ISF
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<br />proposal cannot'be any earlier than the date the CWCB mal.<es the required statutory findings
<br />speCified in C.R,S. ~ 37-92-102(3); and '
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<br />WHEREAS, the CWCB doe's not intend to injure CC& V's ll.ppropriative 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:9&CW1l5, Water .Division 2. CC&V and the
<br />CWCB.. have worked together to develop terms land conditions that .will allow CC&V's
<br />appropriative right of exchange and the proposed IS:F rights'to coexist without.injury to any of
<br />these rights; and '
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<br />WHEREAS, on the basis of this Stipulation, r:-C&V is willing to, withdraw its objections
<br />to GWCB's ISF proposal, as listed in Exhibit A,
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<br />NOW, THEREFORE, in consideration of tlj.e above~recited preffi:ises which the parties
<br />acknowledge to be good and sufficient consideration for this Stipulation, the parties agree as
<br />follows:
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<br />EXHI811
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