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<br />. <br /> <br />. <br /> <br />.. <br /> <br />001825 <br /> <br />In view of the conditional decrees granted the Fire Mountain <br /> <br />comp~~ anu as a reault of the negotiations, a stipulation dated March <br /> <br />9, 1935, was drawn up, which provided: <br /> <br />1. The to\m shall retain all necessary easements and rights-of-way <br />and shall store water as it has done in the past, to the hei!';ht <br />of the existing clam; <br /> <br />2. The tOlm shall have three years from the date of the decretal order <br />(hended down. May 20, 1937) in which to enlarge its storage to the <br />Glllo\mt of its original filing (an ad(11tional depth of 10 reet); <br /> <br />3. In case of such enlargement an outlet to JI.llthraci te Creek for the <br />release of water to that creek must be included in the enlarged <br />structure; <br /> <br />4. The town must construct an outlet to Coal Creek which shall cor- <br />rect the derects and leakage of the present outlet. (This has not <br />been !lone) i <br /> <br />5. The .town agrees not to draw any water from Lake Brennan arter May <br />first 01' each year, in ordor to begin accumulation 01' storage on <br />that date, until September 15th, after which date the tOlm may <br />wi thdraw water at its discretion until the following May first; <br /> <br />6. This stipulation shall be presented to tho referee in the present <br />adjudication, and the refcreo shall in his rindings and report <br />call tho attention of the court to the stipulation and request <br />that the stipulation be cited in the order of the court. <br /> <br />The stipulation was presented to tho court os it provided and the court in <br /> <br />the decretal order embodied the stipulation in the record. This is the only <br /> <br />evidence of right which the tOlnl of Crested Butte has for its present use <br /> <br />of Loke Brennan storago ani! \7int or flow. <br /> <br />In actual practice the town would be the gainer if the dote for <br /> <br />startin~ storage were June first, and the irrigators Imulct not loso any <br /> <br />water th~ could actually uso. Since there is no means 01' releasing water <br /> <br />to the irrigators excopt as it overflows the timber crib the town does <br /> <br />suffer during August ann September because it cmUlot draw stored water when <br /> <br />Coal Creek, at least in rocent years, has fallen very low. This state of <br /> <br />affairs will not be greatly changed after the completion of the Paonia <br /> <br />-18- <br />