5-05CW264 Final Drecree/Stipulations

Decree Colorado Water Conservation Board Case No. 05CW264 Page 2 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 of Aurora, Blue River Ranch, LLC, Colorado River Water Conservation District, Colorado Springs Utilities, City and County of Denver, and S.G. Company, LLC. 4. Consultation Summary. The Court has received and duly considered the comments of the Division Engineer m the Summary of Consultation dated May 10, 2007, issued in the companion Case No. 05CW265. 5. Background. This matter concerns a requested change to the Peabody #1 Ditch and Peabody # 1, Lund Enlargement & Extension Water Rights ( "Subject Water Rights "), described in Section 6 below. The CWCB acquired the Subject Water Rights from the Colorado Water Trust by means of an acquisition agreement dated December 22, 2004 and amended on August 1, 2005 and May 28, 2008 (the "Acquisition Agreement "). The CWCB proposes to change the use of the Subject Water Rights to instream flow use pursuant to C.R.S. § 37- 92- 102(3), to preserve and improve the natural environment to a reasonable degree in the following four stream reaches: (1) the segment of Boulder Creek from the headgate of the Peabody #1 Ditch to the confluence with the Blue River, (2) the Blue River from the confluence of Boulder Creek to the confluence with Lund Gulch, (3) the Blue River from the confluence with Lund Creek to the confluence with Slate Creek, and (4) the Blue River from the confluence with Slate Creek to Green Mountain Reservoir. Consistent with the Acquisition Agreement, this change reserves the consumptive use portion of the Subject Water Rights remaining in the Blue River downstream of the four instream flow segments for use by the Colorado Water Trust or its assignee the Colorado River Water Conservation District, as decreed in Case No. 05CW265. 6. Description of the Subject Water Rights: A. Peabody #1 Ditch (the "1904 Priority "): i. Original Decree: March 2, 1910, Case No. W -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. 00029641