5-04CW191 Final Decree - CWCB Acq - Bowman Ditch

• Case Number: 04CW0191
• Stream Name: Cathedral Creek
• Water Division: 5
• Instream Flow Acq - Doc Type: Final Decree/Stipulations

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7. The CWCB accepted the subject water rights for instream flow use to preserve the
natural environment to a reasonable degree at its regularly scheduled January 20-21, 1993
meeting. The CWCB approved changing the use of the subject water rights to instream flow
use to preserve the natural environment to a reasonable degree. '

8. This change of water right is intended to implement the June 24, 1993 agreement
between the CWCB and the BLM, by which the BLM executed a 99-year lease
(automatically renewable for successive 99-year lease periods, unless either party provides
written notice of termination to the other party) of the subject Bowman Ditch water rights to
the CWCB for instream flow uses. In the unlikely event that the lease is terminated, the
requested change will be vacated.

9. Although BLM is the owner of these rights, it is not a co-applicant in this case. BLM has
authorized CWCB to make a filing only in CWCB's name (see letter from BLM to CWCB
dated May 16, 2005, attached hereto as Exhibit B).

10. Under c.R.S. S 37-92-102(3), no person or entity other than the CWCB shall be granted
a decree adjudicating a right to water or interests in water for instream flows in a stream
channel between specific points for any purpose whatsoever. Therefore, the instream flow
water right sought by this application shall be used solely by CWCB.

THE WATER REFEREE RULES:

The application for change of use is granted and a decree (ABSOLUTE) for the following
amount and stream segment:

The natural stream channel of Cathedral Creek from its confluence with Willow
Creek (NE/4, SE/4, S16, T3S, R100W, 6th P.M.) as the upstream tenninus, extending to
the confluence with East Douglas Creek (SE/4, SW/4, S17, T3S, RlOOW, 6th P.M.) as
the downstream terminus, a distance of approximately 2 miles, for instream flow use in
the amount of .15 cfs., for the period of May 1 through July 31, with an appropriation
date of March 20, 1918. Lands historically irrigated by the water rights being changed
will be permanently dried up and will no longer be decreed to the Bowman Ditch.

This change of use is granted and a decree is entered for the exclusive use by CWCB to
preserve the natural environment to a reasonable degree of the stream segment as described in
paragraph 5 above.

The Applicant shall install and maintain such measuring devices and keep and report
such records as the Division Engineer may require for administration of this right pursuant to
C.R.S. S 37-92-502(5)(a).

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