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

STATE OF COLORADO

Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

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The Peabody #1 Ditch and Lund Enlargement divert from Boulder Creek, which is tributary to the
I Blue River approximately 12 miles north of Silverthorne in Summit County. The Peabody #1 Ditch was
, decreed for 5 cfs, absolute, in 1910 with an appropriation date of 1904. The Lund Enlargement was
decreed for 3.5 cfs in 1916 with an appropriation date of 1915. Both water rights are decreed for irrigation.
I The lands historically irrigated with these rights were sold and removed from irrigation in 2000. The owners
retained the water rights, and have expressed an interest in having the water remain in the stream for
conservation purposes.

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MEMORANDUM

Bill Owens
Governor

Russell George
Executive Dir~ctor

TO:

CWCB Members

Rod Kuharich
CWCB Director

FROM:

Dan Merriman
Anne Janicki

Dan McAuliffe
Deputy Director

DATE:

September 2, 2004

SUBJECT:

Agenda Item 11 - September 14-15,2004 CWCB Meeting
Stream and Lake Protection Program
Moser Water Right Acquisition (Summit County)

In May 2004, staff received a request and proposed Water Acquisition Agreement from the Colorado
Water Trust to convey water rights to the Board for instream flow use. The Colorado Water Trust is a
private, non-profit organization that was created to "acquire, or assist others in acquiring water for
conservation purposes", The proposed acquisition involves the Peabody #1 Ditch and Lund Enlargement
which are located on Boulder Creek. north of Silverthorne in Summit County (see attached map). The
Water Trust has secured an option to purchase the water rights, and is proposing to convey a partial
interest in the rights to the Board to preserve or improve the natural environment of Boulder Creek and the
Blue River. The proposal also includes a reservation by the Water Trust to use the consumptive use from
the donated rights downstream of the Board's instream flow segments, including the right to assign or sell
the use to recover transaction costs.

Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning