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ISFAPP01399
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ISFAPP01399
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Last modified
4/16/2016 12:05:52 AM
Creation date
10/5/2006 10:22:07 PM
Metadata
Fields
Template:
Instream Flow Appropriations
Case Number
00CW0102
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 Ofthis2(.'fi:day 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 />whase 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 />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 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 praposal for Fourmile Creek <br />because' CC& V. has filed an :application with the Water Court to. confirm its appropriative right <br />of exchang'e.as described in the application in Case No. 98CW1l5, Water Division 2 (attached <br />hereto. as Exhibit B), said exchange right havjng an appropriation date of September 18, 1998; and <br /> <br />WHEREAS, CC& V intends to. use its appropriative right of exchange to mave senior water <br />rights up Fourmile Creek to variaus points bf diversion as described in the application for Case <br />No. 98CW1l5,.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 to.o ,high, that there is not enaugh ' <br />water in Fourmile Creek for the ISF proposal if all senior water rights (including CC&V's <br />apprapriative right of exchange) are accounted for, and that the appropr.i~tiori date for the ISF <br />prapasa1 cauuot'be 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 doe.s not intend to injure CC&V'sa.ppropriative right of exchange, <br />including the right of CC&V to. use, that exchange right to mave senior water rights up Fourmile <br />Creek as described in the application far Case No.'98CWI15, Water Division 2. CC&V and the <br />CWCB.. have worked tagether to develop terms and conditions that will allow CC&V's <br />appropriative right af exchange and the propased 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 propasal, as listed in Exhibit A. . <br /> <br />NOW, THEREFORE, in consideratian of the abave~recited premises which the parties <br />acknowledge to be gaad and sufficient consideration for this Stipulation, the parties agree as <br />fallows: <br /> <br />EXHtB <br />I A <br />
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