Hunter Creek ACQ Final Decree - Laserfiche WebLink

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• . Case No. BOCW18 Colo. Water Cons. Board Hunter Creek approximately in the NE /4, SW /4, sec. 5, TlOS R84W 6th P.M. CWCB shall be entitled to consumptive use flow rates from the return flow point to the confluence of the Roaring Fork River and the Colorado River as the downstream terminus. CONCLUSIONS OF LAW 9. The Court concludes that the change of water right will not injuriously affect the owners of or persons entitled to use water under a vested water right or a conditional water right. 10. The application was filed in February 1980. Timely and adequate notice of pendency of the proceedings in this action was given in a manner provided by law, to which responses in the form of statements of opposition was timely filed by the above named opposers and responses in the form of entries of appearance were filed by City of Aspen and Pitkin County. 11. This court has jurisdiction over the subject matter of the proceedings and over all who would have standing to appear as parties herein, whether they have appeared or not. JUDGMENT AND DECREE NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED THAT: 12. The change of water rights herein described is approved as follows: a. The McFarlane Ditch, the Evans No.1, the Evans No. 2, Hunter Creek Reservoir, the Koch Ditch No. 1, McFarlane Ditch from McFarlane Springs, the Koch Ditch No 3 Extension, and the Bulloch Spring and Pipeline, may now be used for instream minimum flow purposes to ensure the preservation of a minimum stream level in order to protect the natural environment to a reasonable degree, from the present points of diversion as its upstream terminus to the confluence of the Roaring Fork River and the Colorado River at its downstream terminus in the amounts set forth above). Only CWCB, and no other person, party, or entity, may use the water rights at issue for the alternative use of in- stream minimum flow purposes. CWCB may not use the water subject -7-