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"EXHIBIT B"TO AM-06 SETTLEMENT AGREEMENT <br /> DISTRICT COURT, WATER DIVISION NO. 5, STATE OF <br /> COLORADO <br /> 109 8`h Street, Suite 104 <br /> Glenwood Springs, CO 81601 <br /> CONCERNING THE APPLICATION FOR WATER <br /> RIGHTS OF THE CLINTON DITCH & RESERVOIR <br /> COMPANY <br /> IN THE BLUE RIVER AND ITS TRIBUTARIES, A COURT USE ONLY <br /> IN SUMMIT COUNTY, COLORADO <br /> Porzak Browning & Busliong LLP Case Number: 06CW252 <br /> Glenn E. Porzak(#2793) <br /> Thomas W. Korver(#36924) <br /> 929 Pearl Street, Suite 300 <br /> Boulder, CO 80302 <br /> Tel: 303-443-6800 <br /> Fax: 303-443-6864 <br /> Email: gporzak@pbblaw.com <br /> STIPULATION AND AGREEMENT BETWEEN APPLICANT AND CLIMAX <br /> MOLYBDENUM COMPANY <br /> Applicant Clinton Ditch & Reservoir Company(the "Reservoir Company") and Objector <br /> Climax Molybdenum Company("Climax"), by and through their undersigned attorneys, hereby <br /> stipulate and agree as follows: <br /> 1. The Reservoir Company and Climax desire to enter into this Stipulation and <br /> Agreement for the purpose of resolving Climax's opposition in this case and agree to be bound by the <br /> terms of this Stipulation. <br /> 2. Climax stipulates and agrees to the entry of a ruling and decree in the above <br /> captioned matter on terms and conditions no less restrictive upon the Reservoir Company than those <br /> set forth in the proposed decree submitted as Exhibit B to Stipulation between the Clinton Ditch& <br /> Reservoir Company and the State and Division Engineers as approved by the Court on February 22, <br /> 2011, attached hereto as Exhibit A(the "Proposed Decree"). <br /> 3. On July 21, 1992,the City and County of Denver acting by and through its Board of <br /> Water Commissioners ("Denver Water Board"), and the Board of County Commissioners of Grand <br /> County, the Board of County Commissioners of Summit County,the Towns of Breckenridge,Dillon, <br /> Fraser, Frisco,Granby and Silverthorne,the Grand County Water and Sanitation District No.1,the <br /> Winter Park Water and Sanitation District, the Breckenridge Ski Corporation,Copper Mountain, Inc., <br /> 1402138.1 <br /> 5110/1 1 <br />