5-05CW265 Final Decree/Stipulations

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Decree Colorado Water Trust and Colorado River Water Conservation District Case No. 05CW265 Page 4 B. Peabody #1, Lund Enlargement & Extension (the "1915 Priority "): Original Decree: July 5, 1916, Case No. 1520, in the District Court in and for Summit County, Colorado, for 1.5 cfs absolute and 2.0 cfs conditional. The 2.0 cfs conditional was made absolute in Case No. 86CW151, Water Division No. 5, State of 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 15, 1915. v. Amount: 3.5 cfs, absolute. vi. Use: Irrigation 7. Historical use: The Subject Water Rights were historically diverted from Boulder Creek via the Peabody #1 Ditch headgate to irrigate approximately 63 acres of land along Lund Gulch, located in the SE1 /4 of the SE1 /4 of Section 19, the SW1 /4 of the SWI /4 of Section 20, the NW1 /4 of the NW1 /4 of Section 29, and the NE1 /4 of Section 30, Township 3 South, Range 78 West of the 6th P.M. The lands historically irrigated are depicted on the map attached hereto as Exhibit A. The annual consumptive use of water from such irrigation averaged 73 acre -feet. All of the historical consumptive use resulting from such use is attributable to diversions of the 1904 Priority described above. 8. Proposed change: A. New Uses. Applicants propose to change the use of the Subject Water Rights to allow use of the HCU Credits in the River District's Water Marketing Program consistent with the River District's Wolford Mountain Reservoir decrees in Case Nos. 87CW283, 87CW284, 95CW281, 98CW237 and 03CW302 (pending). Such use to include the following beneficial uses: municipal, domestic, irrigation, agricultural, livestock, hydro -power production, evaporation, piscatorial, and recreational (with the right to reuse and successively use the water to extinction, consistent with the River District's Wolford Mountain Reservoir decrees in Case Nos. 87CW283, 87CW284, 95CW281, 98CW237 and 03CW302 (pending) and pursuant to the River District's Colorado River Water Marketing Program. The water may be used directly for such purposes, and/or it may be used for such purposes by augmentation, replacement and exchange by the River District or its contractors in connection with applicable law. 00029181