ISFACQC00171

• Case Number: 04CW0040
• Stream Name: Bighorn Gulch
• Acq Structure: Carbon Lake Ditch
• Water Division: 7
• Water District: 30
• County: San Juan
• Instream Flow Acq - Doc Type: Contracts, MOA/MOU, Leases, Agreements

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AMENDMENT TO DONATION AGREEMENT

RECITALS

A. The COLORADO WATER CONSERVATION BOARD ("Board"), an agency of the State of
Colorado, and the SAN JUAN RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL
("Council"), a Colorado nonprofit corporation, 31 Suttle Street, Durango, La Plata County,
Colorado, 81303 executed on February 21, 2002 a Donation Agreement ("Agreement") for the
donation to the Board of a water right of 10 c.f.s. in the Carbon Lake Ditch, decreed to Headgate
#1 located on an "unnamed tributary to Mineral Creek" (Big Horn Gulch), and 5 c.f.s. decreed to
Headgate #2 located on an unnamed tributary to Mineral Creek (unnamed tributary to Big Horn
Gulch), with an appropriation date of July 13, 1954. The water right was awarded a conditional
decree in Case No. 1751-B, District Court, La Plata County, on March 21, 1966 for irrigation of 675
acres in Montrose and Ouray Counties, with an appropriation date of July 13, 1954. The right was
made absolute by the Court in Case Nos. W-46-1970 and W-626-1972 (the "Donated Right").

B. In the Agreement, the Board stated its intent to accept the Carbon Lake Ditch water right
from the Council and to file an application with the Division 7 Water Court for a change of use of
that water right to allow instream flow use by the Board to preserve the natural environment to a
reasonable degree in:

.

Big Horn Gulch - from the decreed location of Headgate #1 of the water right,
downstream to the confluence with the North Fork of Mineral Creek, a distance of
approximately 1.39 miles;

.

The unnamed tributary to Big Horn Gulch - from the decreed location of Headgate #2 of
the water right, downstream to the confluence with Big Horn Gulch, a distance of
approximately 0.44 mile; and

.

Mineral Creek (North Fork) - from the confluence of Big Horn Gulch downstream to the
conflu~nce with South Fork, Mineral Creek, a distance of approximately 4.62 miles.

C. Since the execution of the agreement, the General Assembly enacted Senate Bill 02-156 to
authorize the Board to accept donations of water rights to preserve or improve the natural
environment.

D. The Board and the Council wish to amend the Agreement to reflect S.B. 02-156.

Now, therefore, the parties hereto agree as follows:

1. Recital A of the Agreement is amended to read: "Pursuant to Section 37-92-102(3),
C.R.S., the Board is vested with statutory authority to acquire, by contractual agreement,
such water, water rights, or interests in water as the Board determines may be required for
minimum stream flows to preserve or improve the natural environment to a reasonable
degree."