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

in the Northeast Quarter (NEV 4) of Section Seven (7) ,
Township Ten (10) South, Range. Eighty -Four (84) West of
the Sixth Principal Meridian (6th P. M.) , in Pitkin
County, Colorado.
b. Aspen is entitled to use the water for all
beneficial purposes, including, but not limited to,
municipal, domestic, irrigation, commercial,
recreational, fish, game and wildlife propagation,
mechanical, fire protection, maintenance of municipal
storage reserves and for exchange, augmentation and
replacement, and to reuse, successively use, and totally
consume that quantity of water which has been consumed
historically.
13. Approved alternate use by the Board:
a. Pursuant to the provisions of C.R.S. §§
37-92-102(3) and 37-92-103(3), (4) and (10) , the Board
is entitled to use the subject water right for instream
flow purposes to ensure the preservation of a minimum
stream level in order to protect the natural environment
to a reasonable degree. Said , in- stream use shall be as
a supplement to, and at such times as, any minimum
stream flow decrees in Hunter Creek now or as may be
held by the Board are out of priority and shall be sub -
ject to use by Aspen for any decreed purpose at either
the presently decreed point of diversion or at the
alternate point decreed herein.
b. The Board is entitled to use any quantity up
to the full decreed rate of flow for in- stream uses
within the natural stream channel of Hunter Creek,
beginning at the presently decreed point of diversion of
the subject water right as the upstream terminus to the
point at which the historic return flow from the subject
water right has reentered the stream as the downstream
terminus.
c. The Board is entitled to use any quantity up
to the historic consumptive use for in- stream flow pur-
poses in the Roaring Fork River Basin below the point of
return, but not in the Colorado River Mainstream.
14. Stipulations.
The above approved alternate points of diversion and
uses shall be subject to the following stipulations:
a. With the Red Mountain Ditch Company:
1) While the January 28, 1980 leaseback bet-
ween Aspen and Droste is in effect, the concerns of
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