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<br />STIPULATION
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<br />THIS STIPULATION is entered into as ofthiSz.G,-fl: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 />whose address is 5251 DTC Parkway, Suite 700, Denver, Colorado 80111 ("CC&V").
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<br />WHEREAS, the CWCB has identified proppsed instream flow ("ISF") amounts for
<br />Fourmile Creek as listed in Exhibit A, attached here~o, 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 of September 26,
<br />2000; and
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<br />, ' WHEREAS, CC&V has'a direct interest'inthe. CWCB's ISF proposal for Fourmile Creek
<br />because' CC& V. has filed ari :application with the Water Court to confirm its appropriative right
<br />of exchang'eas described' in the application in Case No. 98CW115 , Water Division 2 (attached
<br />hereto as Exhibit B), said exchange right having an appropriation date of September 18, 1998; anci
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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 bf diversion as described in the application for Case
<br />No. 98CW115"Water Division 2, for use at the Cresson Mine Project; and
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<br />WHEREAS, to protect its ,appropriative rig4t of exchange, CC&V has objected to the
<br />CWCB'iJ ISF proposal arguing that the amounts ,reqt!ested are too ,high, that there is not enough
<br />water in Fourmile Creek for the ISF proposal if 'a)l senior water rights (including CC&V's
<br />appropriative right of exchange) are accounted for, :and that the appropr.iatiori date for the ISF
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<br />proposal cannot' be any earlier than the date the CWCB makes the required statutory findings
<br />specified in C.R.S. ~ 37-92-102(3); and
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<br />WHEREAS, the CWCB does not intend to inj\!fe 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 des,cribed in the application for Case No.'9~CWl15, Water ,Division 2. CC&V and the
<br />CWCB.. have Work~d together to develop te;rms l 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 '
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<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. '
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<br />NOW, THEREFORE, in consideration of tQ.e abovNecited preni:ises which the parties
<br />acknowledge to be good and sufficient consideration for this Stipulation, the parties agree as
<br />fol1ows:
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<br />:EXHIBI1
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