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<br />. <br /> <br />. <br /> <br />DISTRICT COURT, WATER DIVISION NO.5, STATE OF COLORADO <br /> <br />Case No. 90CW294 <br /> <br />STIPULATION <br /> <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE COLORADO WATER <br />CONSERVATION BOARD <br /> <br />ON TEN MILE CREEK <br /> <br />IN GRAND COUNTY <br /> <br />Applicant, Colorado Water Conservation Board ("CWCB"), <br />and objector, SilverCreek Water and Sanitation'.. District ("the <br />District"), stipulate and agree as follows: <br /> <br />1. CWCB claims an instream flow water right on Ten Mile <br />Creek from F. W. Linke Reservoir to the confluence of Ten Mile <br />Creek and the Fraser River with an appropriation date of <br />November 27, 1990 in the amounts of 4.0 cfs from April 1 through <br />August 31 and 2.0 cfs from September 1 through March 31. <br /> <br />2. The District is the co-owner of the following water <br />rights: the water rights decreed to the four Val Moritz Wells in <br />Case No. W-1748 on August 24, 1973 with appropriation dates of <br />December 28, 1972; the augmentation plan decreed in Case No. W-1881 <br />on August 1, 1974 and amended in Consolidated Case Nos. 80CW297, <br />82CW043, and .82CW181 on April 19, 1984 adjudicating 400 acre-feet <br />per year of historic consumptive use credits; the water rights <br />described in said Case No. W-1881; and the exchanges decreed in <br />Case No. 90CW236, including a 1,0 cfs absolute exchange right from <br />Green Mountain Reservoir to the four Val Moritz Wells with.. an <br />appropriation date of December 18, 1972, and a 5.0 cfs exchange <br />right (1.78 cfs absolute and 3.22 cfs conditional) utilizing Windy <br />Gap water from Granby Reservoir or Gunsight Pass Reservoir to said <br />four wells with an appropriation date of July 11, 1990. <br /> <br />3. CWCB agrees that the instream flow right decreed in <br />this case is subject to and shall be administered as junior to the <br />water rights described above in paragraph 2. CWCB further <br />acknowledges that the water rights decreed to the Val Moritz Well <br />Nos. 1 through 4 are decreed for a total diversion of4.4 cfs under <br />the decree entered in Case No. W-1748, and for diversion by <br />exchange of up to 6.0 cfs under the decree entered in Case No. <br />90CW236. CWCB agrees that it will not exercise the instrea~ <br /> <br />J <br /> <br />. <br /> <br />De",.-er' <br />EXHIBIT <br />A <br />