5-05CW265 Final Decree/Stipulations

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Decree Colorado Water Trust and Colorado River Water Conservation District Case No. 05CW265 Page 3 the Peabody Ditch to the confluence with the Blue River; (2) the Blue River from Boulder Creek to Lund Gulch; (3) the Blue River from Lund Gulch to Slate Creek; and (4) the Blue River from Lund Gulch to Green Mountain Reservoir. Consistent with the Acquisition Agreement, the Water Trust reserved in the Deed the right to use the consumptive use portion of the Subject Water Rights downstream of the confluence of the Blue River with Green Mountain Reservoir, including the right to assign or sell said right of use. The Water Trust has contracted to sell the right to such downstream consumptive use to the River District. The Water Trust and the River District filed this Application to allow the historical consumptive use of the Subject Water Rights (the "HCU Credits ") to be used by the River District below Green Mountain Reservoir in compliance with its statutory authority including but not limited to using the HCU Credits in connection with its Colorado River Water Marketing Program. The River District's Colorado River Water Marketing Program provides for the beneficial use of water through contracts with end users from the River District's storage capacity in Wolford Mountain and other reservoirs. In order to facilitate the River District's use of the HCU Credits, the River District obtained an Excess Capacity contract from the Bureau of Reclamation to allow storage of the HCU Credits in Green Mountain Reservoir under certain terms and conditions described in such contract (the "GMR Storage Contract "). By amendment to the subject application filed by the Applicants on December 8, 2006, the River District also seeks an appropriative right of exchange to exchange the HCU Credits into Wolford Mountain Reservoir pursuant to the exchange described in Section 10 below. 6. Description of the Subject Water Rights: A. Peabody #1 Ditch (the "1904 Priority ") i. Original Decree: March 2, 1910, Case No. 1277, in the District Court in and for Summit County, Colorado. ii. Decreed point of diversion: NE1 /4 of the NE1 /4, Section 12, Township 4 South, Range 79 West of the 6th P.M., Summit County, Colorado. iii. Source: Boulder Creek, tributary to the Blue River. iv. Appropriation date: May 23, 1904 v. Amount: 5.0 cfs, absolute vi. Use: Irrigation 00029181