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DISTRICT COURT, HATER DIVISION 6, COLORADO <br />Case No. 88CN151 <br />STIPULATION <br />CONCERNING THE APPLICATION FOR HATER RIC}3TS OF: <br />FRANCIS LUX AND LOUISE LUX ON LUX DIVERSION $1 AND 02 IN HOFFAT COUNTY, <br />COLORADO. <br />THIS STIPULATION is entered into between Applicants, Francis Lux and <br />Louise Lux, [hereinafter "Lux"], and Trapper Mining Inc., [hereinafter <br />"Trappec"]. <br />NHEREAS, Lux filed an Application for Surface Hater Rights seeking <br />adjudication of conditional water rights at locations identified as Lux <br />Diversions ~/t and 1f2; and <br />WHEREAS, Lux Diversions #1 and U2 are situate on unnamed tributaries to <br />the Yampa River; and <br />~~ NHEREAS, said unnamed tributaries are in fact gullies or draws on <br />Williams Fork Mountain, the headwaters of which originate in the Trapper Hine <br />_ area owned and operated by Trapper; and <br />WHEREAS, pursuant to Trapper's Operation and Reclamation Plans, Trapper <br />Mine has constructed in said unnamed tributaries sediment control dams which <br />impound water upstream from the proposed Lux Diversions ilt and ~f2; and <br />WHEREAS, the water impounded is rater adjudicated to Trapper in Case Nos. <br />W-1178-77 and 86CW140, rater Division No. 6; and <br />WHEREAS, the rater adjudicated to and impounded 6y Trapper augments or <br />provides entirely the available source of water at the proposed Lux Diversions <br />41 and i12; and <br />WHEREAS, the long range Reclamation Plan of Trapper would include removal <br />of the sediment control dams on the unnamed tributaries; and <br />WHEREAS, upon removal of the sediment control dams the actual flow of <br />water available to Luz Diversions B1 and 112 would be substantially reduced or <br />possibly even eliminated. and, in any event, would be less than the amount for <br />which Lux is applying; and <br />NHEREAS, Lux is willing to adjudicate said water rights upon the express <br />understanding that Trapper's future activities will adversely affect the water <br />rights of Lux, and is further xilling to waive any claim as a result thereof <br />in return for Trapper withdrawing its Verified Statement of Opposition; <br />~~ <br />