BOARD00182 ‎(2)‎

• Board Meeting Date: 5/23/2007
• Description: ISF Section - Hat Creek Proposed Water Acquisition
• Board Meetings - Doc Type: Memo

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COLORADO WATER TRLTST 11.4}0 LARIMER STREET, SUITE 300. DESVER, CO 802021 TEL [phone] fAX [phone] I WWW.COLORADOWATERTRl:ST.ORG

May 4, 2007

Colorado Water Conservation Board
1313 Shennan Street, Room 721
Denver, Colorado 80203

Dear Members of the Board:

The Colorado Water Trust (CWT) is pleased to offer to the Colorado Water Conservation
Board (CWCB) an instream flow donation on Hat Creek in Eagle County. CWT is asking
the CWCB to fonnally consider this donation during the Board meeting in May 2007.

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This would be CWT's second donation to the CWCB. As many Board members know,
the Colorado Water Trust (CWT) is a non-profit organization that acquires water rights
from willing sellers or donors in order to provide conservation benefits. Conservation
benefits include protection and restoration of Colorado's water-dependent natural
heritage plus maintenance of open space and wildlife habitat provided by irrigated
agriculture. Our first donation to the CWCB, which the CWeB accepted in 2004, was
senior water rights on Boulder Creek and the Blue River in Summit County.

Vail Associates donated Hat Creek water rights to CWT following a land and water
e~change between Vail Associates, the United States Forest Service (USFS), and a
private party. The water rights were historically diverted from East Brush Creek and used
to irrigate pasture in Eagle County. The historically irrigated land was acquired by the
USFS as part of the exchange and will no longer be irrigated.

Over the past year, CWT has worked closely with Linda Bassi and drafted the proposed
acquisition agreement between CWT and the CWCB. CWT has also worked closely with
Mark Uppendahl from the Colorado Division of Wildlife to quantify benefits that would
result from this donation. The draft acquisition agreement outlines the tenns of the
donation. The bene;fits from this donation are an instream flow right that causes no injury,
which bolsters an existing, junior instream flow right held by CWCB, and that preserves
the natural environment.

I will attend the CWCB meeting in May and be prepared to further describe the proposed
donation. CWT looks forward to working with the CWeB to complete this donation.

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Sin~ c/o

John Carney
Executive Director

Exhibit 1