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

PRIORITY
90
205
227B
400.
the Red Mountain Ditch Company related to the ditch
loss which occurs in the carriage of the subject
water right and to the removal of .5 cfs from the
ditch will be de minimus with respect to the -
following water rights:
DISTRICT 38 ADJUDICATION APPROPRIATION
NAME
Red Mountain
Red Mtn. 1st
Enl
Red Mtn. 2nd
Enl
Red Mtn. 3rd
Enl
AMOUNT DATE DATE
1.04
13.00
5.59
4.32
23.95
-5-
5/11/1889
5/11/1889
0/24/1920
8/25/1936
5/15/1884
11/27/1888
4/3/1909
9/3/1915
2) Nonetheless, Applicants will not
hereafter interpose a defense of res Zudicata to
the following claims of the Red Mountain Ditch
Company in any subsequent change of water rights
proceeding:
a) That Aspen deliver .035 cfs to the
headgate of the Red Mountain Ditch Extension
(the presently decreed point of diversion for
the subject water right) to make up for the 7%
ditch loss which occurs in the carriage of the
subject water right to the so- called Droste
lateral, whenever: 1) Applicants elect to
divert the subject water right at the alter-
nate point decreed herein or for the purpose
of preserving the natural environment to a
reasonable degree, 2) remove the subject water
right from the Red Mountain Ditch, and 3) do
not provide .5 cfs for carriage in the ditch
pursuant to the .above - referenced January 20,
1980 leaseback or other agreement.
b) That Aspen pay for .5/23.95 of the
cost of any parshall flume or waste gate which
is installed with Aspen's approval for the
purpose of verifying that said .035 cfs is
delivered to the headgate of the Red Mountain
Ditch Extension. Aspen's approval of such
improvements shall not be unreasonably with-
held.
3) The Red Mountain Ditch Company, however,
will not make either of the claims specified in
paragraph 14.a.2) above unless: