5-05CW265 Final Decree/Stipulations

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Colorado Water Trust 1430 Larimer Street, Suite 300 Denver, CO 80202 (720) 945 -2897 Decree Colorado Water Trust and Colorado River Water Conservation District Case No. 05CW265 Page 2 Colorado River Water Conservation District (acting by and through its Colorado River Water Projects Enterprise) Attn.: General Manager P.O. Box 1120 Glenwood Springs, CO 81601 (970) 945 -8522 2. Jurisdiction. All notices required by law have been duly given and the District Court in and for Water Division No. 5 (the "Water Court") has jurisdiction over the application and all parties affected thereby, whether or not they have chosen to appear. 3. Objectors. Statements of opposition were timely filed by the following (collectively, the "Objectors "): City and County of Denver, acting by and through its Board of Water Commissioners ( "Denver "), the City of Aurora ( "Aurora "), Blue River Ranch, LLC and S.G. Company, Colorado Springs Utilities ( "Colorado Springs "), the United States of America, Bureau of Reclamation ( "USA "), and the Colorado Water Conservation Board ( "CWCB "). The time for filing additional statements of opposition has now expired. Aurora and S.G. Company withdrew their statements of opposition. The remaining Objectors have all stipulated to the entry of this Decree. 4. Consultation Summary. The Court has received and duly considered the comments of the Division Engineer in his Summary of Consultation dated October 6, 2006, which was supplemented on May 10, 2007. 5. Background. The matter concerns a requested change to the Peabody #1 Ditch and Peabody #1 Ditch, Lund Enlargement & Extension water rights described in Section 6 below (the "Subject Water Rights "). The Water Trust is a non -profit Colorado corporation whose purposes include the acquisition and donation to the CWCB of existing absolute water rights in furtherance of the CWCB's instream flow water acquisition program authorized by C.R.S. §37- 92- 102(3). In furtherance thereof, the Water Trust entered into an Acquisition Agreement with the CWCB dated December 22, 2004 (the "Acquisition Agreement ") whereby the Water Trust agreed to acquire and donate the Subject Water Rights to the CWCB for conversion to instream flow purposes, subject to a reservation allowing the Water Trust to use, or allow others to use, the consumptive use portion of the Subject Water Rights downstream of Green Mountain Reservoir, all as more fully set forth in the Acquisition Agreement and the related Special Warranty Deed from the Water Trust to the CWCB dated October 11, 2005 and recorded on October 17, 2005 in the real property records of Summit County, Colorado at Reception No. 804745 (the "Deed "). The CWCB has filed an application in Case No. 05CW264 to change its interest in the Subject Water Right for instream flow purposes in order to preserve and improve the natural environment in four stream reaches (the "CWCB Instream Flow Reaches ") as follows: (1) Boulder Creek from the headgate of 00029181