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<br />- <br /> <br />- <br /> <br />J. The Carbon Lake Ditch was decreed for irrigation purposes in Montrose and Ouray Counties. The <br />Board's use of this right for instream flow purposes will require Water Court approval of a change <br />in use of that water right. <br /> <br />K. The Board intends to accept the Carbon Lake Ditch water right from the Council and to file an <br />application with the Division 7 Water Court for a change of use of that water right to allow <br />instream flow use by the Board to preserve the natural environment to a reasonable degree in: <br /> <br />. Big Horn Gulch - from the decreed location of Headgate #1 of the water right, downstream to <br />the confluence with the North Fork of Mineral Creek, a distance of approximately 1.39 miles; <br /> <br />. the unnamed tributary to Big Horn Gulch - from the decreed location of Headgate #2 of the <br />water right, downstream to the confluence with Big Horn Gulch, a distance of approximately <br />0.44 mile; and <br /> <br />. Mineral Creek (North Fork) - from the confluence of Big Horn Gulch downstream to the <br />confluence with South Fork, Mineral Creek, a distance of approximately 4.62 miles. <br /> <br />Conveyance of Direct Flow Water Rights <br /> <br />1. The Council shall convey by a Bargain and Sale deed to the Board within 30 days after the <br />execution of this Agreement, the water right described below, shall record said deed with the La <br />Plata County Clerk and Recorder, and shall provide a copy of the recorded deed to the Board: <br /> <br />Carbon Lake Ditch, 10 c.f.s. decreed to Headgate #1 located on an "unnamed tributary <br />to Mineral Creek" (Big Horn Gulch), and 5 c.f.s. decreed to Headgate #2 located on an <br />unnamed tributary to Mineral Creek (unnamed tributary to Big Horn Gulch), with an <br />appropriation date of July 13, 1954. <br /> <br />The above-described water right was awarded a conditional decree in Case No. 1751-B, District <br />Court, La Plata County, on March 21, 1966 for irrigation of 675 acres in Montrose and Ouray <br />Counties, with an appropriation date of July 13, 1954. The right was made absolute by the Court <br />in Case Nos. W-46-1970 and W-626-1972 (the "Donated Right"). <br /> <br />Water Court Proceedings <br /> <br />2. Within a reasonable time period after receiving title to the Donated Right, the Board shall <br />file an application with the Water Court seeking to change the decree for the Donated <br />Right to instream flow use exclusively by the Board in the following segments of stream: <br /> <br />· Big Horn Gulch - from the decreed location of Headgate #1 of the Donated Right, <br />downstream to the confluence with the North Fork of Mineral Creek, a distance of 1.39 <br />miles. <br /> <br />. the unnamed tributary to Big Horn Gulch - from the decreed location of Headgate #2 of the <br />Donated Right, downstream to the confluence with Big Horn Gulch, a distance of 0.44 mile. <br /> <br />· Mineral Creek (North Fork) - from the confluence of Big Horn Gulch downstream to the <br />confluence with South Fork, Mineral Creek, a distance of 4.62 miles. <br /> <br />2 <br />