154752

• Case Number: 05CW0264
• Stream Name: Boulder Creek
• Acq Structure: Peabody Ditch
• Water Division: 5
• Water District: 36
• County: Summit
• Instream Flow Acq - Doc Type: Final Decree/Stipulations

Decree
Colorado Water Conservation Board
Case No. 05CW264
Page 6
Table 2
Instream Flow Amounts for Changed Water Rights Based on Historical Use
D. Exercise of the Subject Water Rights for instream flow uses will be subject to the
Terms and Conditions set forth in Paragraph 9 below.
9. Terms and Conditions. The requested change of water rights can be granted without
injury to existing absolute water rights or decreed conditional water rights if the following terms
and conditions are imposed:
A. The Subject Water Rights shall be left in the stream and shall no longer be used to
irrigate the 63 acres historically irrigated thereby, as described in paragraph 7 above,
which land will be permanently dried up. The headgate of the Peabody No. 1 Ditch
will be removed or rendered inoperable and the initial reach of the ditch eradicated in
order to assure to the reasonable satisfaction of the Division Engineer that no
irrigation water will be applied to the land that was historically irrigated by the
Peabody Ditch No. 1.
B. The Subject Water Rights may be exercised for instream flow purposes only during
the period May 1 through October 31 of each year.
C. The CWCB's rate of instream flow use of the Subject Water Rights shall be limited
to the rates set forth in the Tables 1 and 2 in Paragraph 8 above, as applicable to each
stream reach.
D. The Subject Water Rights may be exercised for instream flow use only when the
Subject Water Rights are in priority. Use of the Subject Water Rights for instream
flows will be limited to the amount of water legally and physically available at the
original point of diversion under the 1904 Priority and 1915 Priority up to the
00029641
Stream Segments
Segments 1 and 2
Segments 3 and 4
1904 Priority
1915 Priority
1904 Priority
cfs
cfs
Cfs
May
June
July
August
September
October
0.31
3.15
3.51
2.63
0.87
0.31
0.04
0.49
0.33
0.2
0
0
0.02
0.45
0.35
0.24
0.14
0
D. Exercise of the Subject Water Rights for instream flow uses will be subject to the
Terms and Conditions set forth in Paragraph 9 below.
9. Terms and Conditions. The requested change of water rights can be granted without
injury to existing absolute water rights or decreed conditional water rights if the following terms
and conditions are imposed:
A. The Subject Water Rights shall be left in the stream and shall no longer be used to
irrigate the 63 acres historically irrigated thereby, as described in paragraph 7 above,
which land will be permanently dried up. The headgate of the Peabody No. 1 Ditch
will be removed or rendered inoperable and the initial reach of the ditch eradicated in
order to assure to the reasonable satisfaction of the Division Engineer that no
irrigation water will be applied to the land that was historically irrigated by the
Peabody Ditch No. 1.
B. The Subject Water Rights may be exercised for instream flow purposes only during
the period May 1 through October 31 of each year.
C. The CWCB's rate of instream flow use of the Subject Water Rights shall be limited
to the rates set forth in the Tables 1 and 2 in Paragraph 8 above, as applicable to each
stream reach.
D. The Subject Water Rights may be exercised for instream flow use only when the
Subject Water Rights are in priority. Use of the Subject Water Rights for instream
flows will be limited to the amount of water legally and physically available at the
original point of diversion under the 1904 Priority and 1915 Priority up to the
00029641