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EXHIBIT A • <br />q~.1i~~in -L.t'l~iict C.aav~ <br />DISTRICT COURT, WATER DIVISION NUMBER 3, STATE OF EIOr:OB~L2Qon 3, Colra~e <br />Case No. 89 cw os2 fdCiV 30 199C <br />STIPULATION //JJ~~ ~~~Q'r`ryc/S7 q~/~~c~i'ng/~ <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF BATTLE MOUNTAIN <br />RESOURCES, INC. AND BATTLE MOUNTAIN GOLD COMPANY, <br />TN COSTILLA COUNTY, COLORADO <br />Applicant, Battle Mountain Resources, Inc., and Battle <br />Mountain Gold Company and Opposer Dos Hermanos, an entity which has <br />a trade name affidavit in Colorado, by and through their respective <br />attorneys and authorized officers, hereby stipulate and agree as <br />follows: <br />RECITALS <br />A. The Application includes a proposal to dewat.er certain <br />mines or mine pits, either by directly pumping from thce mine pits <br />or through a system of dewatering wells. The Applicant's engineer <br />estimates that it may be necessary to dewater approximaately 1,200 <br />to 1,400 acre feet of water stored in the west ore zone and 120 to <br />140 acre feet of water stored in the east ore zone. <br />B. The Applicant's mining operations will result in the <br />impoundment of precipitation in those areas known as tlne tailing <br />impoundment area, the east ore zone, and the west ore none. <br />C. The Applicant's mining operations may rest:lt in <br />evaporation depletions in those areas known as the west ore zone <br />and the east ore zone. <br />D. The Application seeks approval of the use of some of the <br />historically produced groundwater from Applicant's Rocky Mountain <br />Farms and Columbian Ranch as a source of augmentation water for its <br />mine dewatering activities, for depletions associated with the <br />impoundment of rainfall and snowfall in the areas known as the <br />tailings impoundment area, the east ore zone, and the west ore <br />zone, and for any depletions associated with evaporation in those <br />areas known as the west ore zone and the east ore zone. <br />E. Opposer is concerned that any decree granted herein not <br />result in depletions to the Rito Seco or the Culebra stream <br />systems, to their underlying aquifers, or to other aquifers in the <br />area and that any and all depletions be fully augmented. <br />F. The Applicant is willing to agree to deliver augmentation <br />1 <br />