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Decree <br />Colorado Water Conservation Board <br />Case No. 05CW264 <br />Page 2 <br />2. Jurisdiction. All notices required by law have been duly given and the District Court in <br />and for Water Division No. 5 (the "Water Court ") has jurisdiction over the application and all <br />parties affected thereby, whether or not they have chosen to appear. <br />3. Objectors. Statements of opposition were timely filed by the following (collectively, the <br />"Objectors "): City of Aurora, Blue River Ranch, LLC, Colorado River Water Conservation <br />District, Colorado Springs Utilities, City and County of Denver, and S.G. Company, LLC. <br />4. Consultation Summary. The Court has received and duly considered the comments of <br />the Division Engineer m the Summary of Consultation dated May 10, 2007, issued in the <br />companion Case No. 05CW265. <br />5. Background. This matter concerns a requested change to the Peabody #1 Ditch and <br />Peabody # 1, Lund Enlargement & Extension Water Rights ( "Subject Water Rights "), described <br />in Section 6 below. The CWCB acquired the Subject Water Rights from the Colorado Water <br />Trust by means of an acquisition agreement dated December 22, 2004 and amended on August 1, <br />2005 and May 28, 2008 (the "Acquisition Agreement "). The CWCB proposes to change the use <br />of the Subject Water Rights to instream flow use pursuant to C.R.S. § 37- 92- 102(3), to preserve <br />and improve the natural environment to a reasonable degree in the following four stream reaches: <br />(1) the segment of Boulder Creek from the headgate of the Peabody #1 Ditch to the confluence <br />with the Blue River, (2) the Blue River from the confluence of Boulder Creek to the confluence <br />with Lund Gulch, (3) the Blue River from the confluence with Lund Creek to the confluence with <br />Slate Creek, and (4) the Blue River from the confluence with Slate Creek to Green Mountain <br />Reservoir. <br />Consistent with the Acquisition Agreement, this change reserves the consumptive use <br />portion of the Subject Water Rights remaining in the Blue River downstream of the four instream <br />flow segments for use by the Colorado Water Trust or its assignee the Colorado River Water <br />Conservation District, as decreed in Case No. 05CW265. <br />6. Description of the Subject Water Rights: <br />A. Peabody #1 Ditch (the "1904 Priority "): <br />i. Original Decree: March 2, 1910, Case No. W -1277, in the District Court in <br />and for Summit County, Colorado. <br />ii. Decreed point of diversion: NE1 /4 of the NE1 /4, Section 12, Township 4 <br />South, Range 79 West of the 6th P.M., Summit County, Colorado. <br />00029641 <br />