5-05CW264 Final Drecree/Stipulations

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Decree Colorado Water Conservation Board Case No. 05CW264 Page 4 accrued in the same month as water was applied for irrigation, depletions to the Blue River below Lund Gulch from historical use were equivalent to consumptive use of the irrigation water. 8. Proposed change: A. Instream Flow Segments. Applicant proposes to change the use of the Subject Water Rights from irrigation to instream flow use pursuant to C.R.S. § 37 -92- 102(3) in the following stream segments: Reach 1: Boulder Creek from the headgate of the Peabody No. 1 Ditch to the confluence with the Blue River (approximately 3 miles); Segment 2: the Blue River from Boulder Creek to the confluence with Lund Gulch (approximately 3.2 miles); Segment 3: the Blue River from Lund Gulch to Slate Creek (approximately 1 mile); and Segment 4: the Blue River from Slate Creek to Green Mountain Reservoir (approximately 6.9 miles). The CWCB will use the Subject Water Rights in the applicable stream reaches (1) to preserve the natural environment to a reasonable degree within the segments described above by supplementing existing instream flow water rights up to their decreed amounts in Case Nos. 77CW3646, 87CW297, and 87CW298; and (2) to improve the natural environment in the applicable stream segments by protecting flows above the decreed instream flow amounts by the amounts decreed herein. The Colorado Water Trust and the Colorado River Water Conservation District have applied to use the consumptive use portion of the Subject Water Rights downstream of the above instream flow segments in Case No. 05CW265. B. Instream flow operations. The Subject Water Rights will not be diverted from the stream, but will instead remain in the stream for instream flow use by the CWCB to preserve and/or improve the natural environment to a reasonable degree in the applicable stream segments as set forth below. 1. Segment 1 and Segment 2 (Boulder Creek to Blue River and Blue River from Boulder Creek to Lund Creek). In these segments, water in the amounts of the average historical diversion rates will be used to preserve and improve the natural environment to a reasonable degree. Because return flows from historical irrigation use of the Subject Water Rights accrued to the Blue River below Segments 1 and 2 (i.e., in Segment 3), historical diversions on the Subject Water Rights depleted Segments 1 and 2 in the amount of those diversions, less a 7.5% ditch loss within the Boulder Creek drainage. Accordingly, instream flow use of the Subject Water Rights in Segments 1 and 2 shall be equivalent to the average historical diversions, less ditch loss, as shown in Table 2. 2. Stream Segments No. 3 and 4 (Blue River from Lund Gulch to Slate Creek and Blue River from Slate Creek to Green Mountain Reservoir). In these segments, water in the amounts of the average historical depletions of the Subject Water Rights will be used to preserve and improve the natural environment to a reasonable degree. Because return flows from historical irrigation use of the Subject Water Rights accrued to the Blue River in Segments 3 and 4, and accrued in the month of irrigation, instream flow use in Segments 3 and 4 shall be equivalent to, 00029641