BOARD00223

• Board Meeting Date: 9/13/2004
• Description: ISF Section - Proposed Water Right Donation - Colorado Water Trust, Peabody #1 Ditch and Lund Enlargement, Boulder Creek and Blue River
• Board Meetings - Doc Type: Memo

Exhibit A

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Special Warranty Deed

This deed is made this day of , 2004 by the Colorado Water
Trust, a Colorado nonprofit corporation (hereinafter the "Trust" or "Grantor"), to the
Colorado Water Conservation Board, an agency of the State of Colorado (hereinafter the
uBoard" or "Grantee").

Subject to reservations hereinafter contained, the Trust hereby conveys for due
and sufficient consideration all ofits remaining right, title and interest in the following
described water rights (the "Conveyed Water Rights") located in the County of Sunnnit,
State of Colorado, to the Board for use to preserve and improve the natural environment
to a reasonable degree in Boulder Creek from the decreed location ofthe Peabody #1
headgate, downstream to the confluence with the Blue River and in the Blue River from
the confluence with Boulder Creek, downstream to the confluence with Green Mountain
Reservoir:

ThepeabOdy~thN~t )1, ri ~,.151, or5.0cfsabsoluteoutof
Boulder Cree, 'bufatY . llie ,Iue R~;'-~ reed 0 March 2,1910 by the

Sunnnit in Ci il ~ tip 2 7 W~I \J a p 0 ria10 date of May 23, 1904
(Original Adj d dtioJ). , I t I

The Lund Enl e,UJt d x eJslo If pe~ dy No. I Ditch No. 193,
Priority No.2 f4 r .~ s bs Iirt'e ~t IfBoul e Creek, tributary to the Blue
River, decree, u.1lli5. 9 61by the .Dis . ct C ' u~ of the Fifth Judicial District
of Colorado i and f~ t e CqJnty od; ! it inf~vil Action 1520 with an
appropriation date of I ~5\111!(~iPI lemen al(djUdicatiOn). . .

The Lund En! ~enr ctJJnsiWk er of II Peabody No.1 Ditch No. 193,
Priority No. 204, for 2.0 cfs out of Boulder Creek, tributary to the Blue River,
decreed conditional on July 5, 1916 by the District Court of the Fifth Judicial
District of Colorado in and for the County of Sunnnit in Civil Action 1520
(Supplemental Adjudication). This water right was made absolute in Case No.
86CWI51 by the Water Court for Water Division 5.

The Trust hereby reserves the right to use the decreed consumptive use of the Conveyed
Water Rights downstream of the confluence of the Blue River with Green Mountain
Reservoir, including the right to assign or sell said right of use ("Reservation"). The
Reservation shall extend to the Trust's successors and assigns and shall be subject to the
following conditions, which shall run with the Reservation:

1. The Trust, its successors and assigns are expressly prohibited from exercising
the Reservation via exchange to uses located upstream from Green Mountain
Reservoir, or on the Colorado River upstream of the confluence with the Blue