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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a) The original 15 -year term of the
above- referenced January 28, 1980 leaseback
agreement has expired without further exten-
sion, and;
b) A water rights application has been
filed bringing the total amount of the water
rights listed above under paragraph 14.a.1)
which have been changed from their presently
decreed points of diversions to more than 10.0
cfs.
4) Pursuant to C.R.S., Section 37-92-304(6), the
Water Court will retain jurisdiction of the ditch loss
question addressed by paragraph 14.a.2) above for the
period prescribed by paragraph 14.a.3) above.
b. With the City and County of Denver, acting by
and through its Board of Water Commissioners:
The Board shall only exercise the rights repre-
sented by a decree awarded herein for minimum stream
flow purposes in that reach of Hunter Creek downstream
of Red Mountain Ditch headgate and in that reach of the
Roaring Fork River from the confluence of Hunter Creek
and the Roaring Fork River to the confluence of the
Roaring Fork River and the Colorado River, or any
segment of the above- described reaches. The rights will
not be exercised on the Colorado River Mainstem.
c. With Hugh Goodrich, Priscilla Goodrich Rea,
and Appearants the Bank of the Southwest and Marian Neal
Lyeth, co- trustees:
The Board will not exercise the rights represented
by a decree awarded herein for minimum stream flow to
prevent the Objectors from diverting water which the
Overflow and Loughran Ditches would have been entitled
to divert in the absence of the decree awarded herein.
The Overflow Ditch referred to herein has an adjudica-
tion date of October 24, 1952 and a priority date of
June 19, 1947; the Loughran Ditch referred to herein has
an adjudication date of October 24, 1952 and a priority
date of June 17, 1947.
15. Further conditions:
a. At no time will the use of the subject water
right for any use, at any point of diversion, or any
combination thereof, exceed in time or rate of flow the
decreed quantity or, where appropriate, the historic
consumptive use of the subject water right. Applicants