Final Decree & Stips ‎(3)‎

• Case Number: 80CW0062
• Stream Name: Hunter Creek
• Watershed: Roaring Fork
• Water Division: 5
• County: Pitkin
• Instream Flow Acq - Doc Type: Contracts,MOA/MOU,Leases,Agreements

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the Southeastern Colorado Water Conservancy District,
and the Board of County Commissioners of the County of
Pitkin, Colorado, and approved by Richard D. Lamm,
Governor of the State of Colorado. Paragraph II. E. 4 of
this Agreement provided that the the Board would be
granted a permissive license by Aspen to use the subject
water right for the purpose of enabling the Board to
maintain minimum stream flows pursuant to C.R.S. §
37-92-102(3), provided, however, that Aspen would retain
title to said water right and the use by the Board of
said right would be by permissive license only.
b. On March 3, 1980 Aspen and the Board executed
the minimum stream flow license called for by the
October 7, 1978 agreement.
10. Irrigation lease -back
a. Aspen acquired the subject water right pur-
suant an agreement dated August 24, 1978 with Albert C.
Droste (Droste) . Paragraph 6 of this agreement provided
for the lease back of the subject water right to Droste
for diversion at the presently decreed point and for
continuation of the historic irigation use at certain
times when the subject water right was not needed by
Applicants at the alternate point and for the alternate
uses decreed herein.
b. On January 28, 1980 Aspen and Droste executed
the irrigation lease back called for by their August 24,
1978 agreement.
11. Points of return flow
The points of return flow under the approved
changes will be at the historic point of return flow
(when the right is used as it has been historically or
for instream flows) , or at the Aspen Metro Treatment
Plant on the Roaring Fork River (when used for municipal
purposes) , which point of return flow for municipal use
will be located upstream from the historic point of
return flow.
12. Approved alternate points of diversion and use by
Aspen:
a. During the historic irrigation season the City
of Aspen is entitled to divert .5 cfs under the subject
water right at the point of diversion for Hunter Creek
Flume and Pipeline (Structure No. 203, former Water
District 38, Pitkin County, Colorado) , which point is
located at a headgate on the west bank of Hunter Creek
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