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

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would benefit the stream when the Shoshone right was not calling
and may be able to protect flows against future non-HUP
diversions.

Effect of the proposed acauisition on the maximum utilization of the waters of the state?

The subject water right has been used to irrigate hay meadows,
and the consumptive use was historically lost to the stream. The
proposal to use the water rights for instream flow use and then sell
the consumptive use to a downstream user could make water
available for downstream use and contribute to the maximum
utilization of the waters of the state.

Effect of the proposed acauisition on anv relevant interstate compact issue?

Based on the information currently available, the proposed
acquisition does not appear to affect any interstate compact issue.

Will the acauired water be available for subseauent use downstream?

Acquisition of these rights will provide up to 73 acre-feet of water
that was previously lost to the system through consumptive uses.
That water could be available for sale to water users on the Blue
River downstream from the confluence with Green Mountain
Reservoir, as long as existing instream flow water rights are not
injured.

Costs to complete the transaction. or other associated costs?

There are various costs associated with completing th is water right
acquisition. The Water Trust has covered costs for the water right
appraisal, title search, update of engineering report, and costs
associated with the purchase of the water right. The Water Trust
will also cover any costs associated with the change of water right
proceeding to use the retained consumptive use downstream from
the identified instream flow segments.

Potential costs to the Board include costs associated with analysis
of the water right acquisition proposal, and any costs associated
with preparing, filing and prosecuting a change of water right
application for the instream flow use. Since the Board already
monitors and protects existing instream flow water rights on
Boulder Creek and the Blue River, staff does not expect to incur
significant additional costs to protect the acquired rights.

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