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<br />• <br />~~ <br />NOW, TREREFORE, in reference to Lux Diversions ii1 and 42, the parties <br />stipulate and agree as follows: <br />1. Trapper Mine's water right in the unnamed tributaries in which Lux <br />Diversions ¢1 and $2 are located is superior to that applied for by Lux <br />herein and Lux agrees that the water applied for is nat the water made <br />available by Trapper Mine's impoundments. <br />2. Lux expressly agrees, for themselves, their successors, assigns, heirs and <br />personal representatives, that any rights granted by the Water Court in <br />Lux Diversions Iit and $2 are subject to Trapper's existing water rights <br />and Trapper's Operational and Reclamation Plans. <br />3. Lux expressly agrees that Trapper's rights in the water in the unnamed <br />tributaries in which Luz Diversions 61 and 02 are located is a superior <br />vested right as defined by Section 34-33-136, C.R.S., and that as such Lux <br />will not pursue a claim to require Trapper to make any special provision <br />for the water rights of Lux in future reclamation plans. Both parties <br />agree that should there be any dispute between the parties over the water <br />rights granted herein, the Water Court shall have exclusive jurisdiction <br />',regarding the same, and its Orders shall be binding on the parties hereto. <br />4. Trapper expressly agrees that if this Stipulation is incorporated into any <br />decree granting all or a portion of the application of Lux, that it will <br />. withdraw its Verified Statement of Opposition on file herein. <br />IN WITNESS WH~OF, the pa 3es here have hereunto set their hands <br />and seals this ,3n day of /(!/(f /~~`7 A.D. 1989. <br />TRAPPER MINING INC. <br />BY: ~~~ <br />Title• ~e-eI'e~gr% <br />Franc's Lux <br />uise Lux <br /> <br />The above and foregoing Stipulation has been reviewed by the Colorado <br />Department of Natural Resources, Land Mine Reclamation Division, and is <br />approved as to both content and form. <br />SIGNED this 3~ day of J~1 A.D. 1989. <br />COLORADO DEPARTMENT OF NATURAL RESOURCES, <br />LAND NINE EC TION DIVISION, <br />BY: _ `~-~ <br />Title:S'~,ca~~Clc~ccwr-~ S.~~v2. <br />~_ <br />