5-05CW264 Final Drecree/Stipulations

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Decree Colorado Water Conservation Board Case No. 05CW264 Page 3 iii. Source: Boulder Creek, tributary to the Blue River. iv. Appropriation date: May 23, 1904 v. Amount: 5.0 cfs, absolute vi. Use: Irrigation 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 along Lund Gulch, located in the SE 1/4 of the SE 'A of Section 19, the SW 'A of the SW Y of Section 20, the NW 'A of the NW 'A of Section 29, and the NE 'A of Section 30, Township 3 South, Range 78 West of the 6th P.M. The lands historically irrigated are depicted by the map attached hereto as Exhibit A. The annual consumptive use of water from such irrigation averaged 73 acre -feet. Available diversion records indicate that the Peabody Ditch has frequently diverted the entire 8.5 cfs. However, the historical consumptive use resulting from such diversions was generally satisfied by the diversions under the senior 1904 Priority described above. Because return flows from historical use accrued to the Blue River at Lund Gulch, depletions to Boulder Creek and the Blue River between Boulder Creek and Lund Gulch from historical use of the Subject Water Rights were equivalent to diversions. Since return flows to Lund Gulch and the Blue River at Lund Gulch 00029641