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Table 1 <br />Direct Flow Water Rights <br />Structure <br />Name Source Appropriation <br />Date Adjudication <br />Date Administration <br />No. Decreed <br />Rate Use <br />Moffat Water <br />Tunnel 928 <br />0 cfs <br />(aka Fraser Fraser . <br />Absolute Municipal <br />River River 74/1921 11/5/1937 30870.26117 352 <br />0 cfs Fire <br />Diversion . <br />Conditional Domestic <br />Pro' ect <br />~' Colorado Water Rights Tabularion. <br />Associated Storage: Diverted water is generally stored in Gross Reservoir or Ralston Reservoir, <br />in the Boulder Creek basin. <br />Compact and Other Legal Considerations: The following provides a general overview of the <br />key legal agreements that govern Moffat Tunnel and the associated system. Diversions <br />taken through Moffat Water Tunnel are subject to the following key legal considerations: <br />1. 1940 Agreement <br />2. 1969 Minimum bypass requirements for fisheries, <br />3. 1975 exchange agreement. <br />Per the 1940 Agreement between Denver Water and the "Consolidated Ditches," it was <br />agreed that Denver Water would not have to replace reservoir certain South Platte <br />evaporation charges if they agreed not to re-use their transbasin water developed prior to <br />1940. <br />Pursuant to right-of--way agreements with the U.S. Forest Service, Moffat Water Tunnel <br />diversions are subj ect to bypass requirements for fisheries. Since 1969 the following <br />minimum flows, or natural inflow if lower, must be allowed to flow past the indicated <br />diversion points. <br />Stream May 15 -September 15 September 16 -May 14 <br />Fraser River 10 cfs 4 cfs <br />Vasquez Creek 8 cfs 3 cfs <br />St. Louis Creek 10 cfs 3 cfs <br />Ranch Creek 4 cfs 2 cfs <br />Through the 1975 exchange agreement, Denver began diverting water from the Cabin <br />Meadow Creek project, owned by American Metals Climax and the City of Englewood, <br />into its Moffat Water Collection System in exchange for South Platte River water <br />delivered to Englewood. <br />There are numerous other legal agreements that govern the Moffat Tunnel system. <br />Denver has a 1935 priority to exchange from the Williams Fork Reservoir to the Roberts <br />MoffatTunnel.doc 7 of 10 <br />