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

Summary of Proposal

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Peabody #1 Ditch and Lund Enlargement/Extension
Boulder Creek - Summit County

. Case W-1277 Adjud - March 2,1910 Approp May 23,1904 Original 5.0 cfs Irrigation
Case W-1520 Adjud - July 5,1916 Approp May 15,1915 Supplemental (Lund) 3.5 cfs Irrigation

The Colorado Water Trust is proposing to purchase the Peabody #1 Ditch and Lund Enlargement
water rights and convey a partial interest in the rights to the Board for instream flow use in two segments of
stream:

. Boulder Creek - from the decreed location of the Peabody #1 Ditch headgate downstream to the
confluence with the Blue River, a distance of 3 miles, and

. Blue River - from the confluence with Boulder Creek downstream to the confluence with Green
Mountain Reservoir, a distance of 11.1 miles.

The Board currently holds instream flow water rights on both of these segments of stream.

The proposed attached acquisition agreement contains the following terms and conditions:

a. Transit losses will be calculated and incorporated into the final determination of the amount
of water available for use downstream from Green Mountain Reservoir.

b. The Water Trust must have entered into a contract with a buyer for the right to use the
consumptive use downstream of Green Mountain Reservoir prior to filing the change of water
right application for such use.

c. Any rights to use water reserved by the Trust cannot be used via exchange upstream from
Green Mountain Reservoir, or on the Colorado River upstream of the confluence of the Blue
River, and cannot be used on any stream segment where the Board currently holds an
instream flow water right at a point within or upstream from that instream flow segment, and
shall not cause injury to any instream flow water right.

d. The Trust will be responsible for all costs of the proceeding related to changing the rights to
uses downstream from the Blue River confluence with Green Mountain Reservoir.

e. The Board commits to use .the conveyed rights for instream flow purposes to preserve and
improve the natural environment to a reasonable degree in the designated stream reaches,
and to take all reasonable steps to enforce those instream flow rights and protect them from
injury.

f. The Trust or its assigns will be responsible for securing any required water passage or water
storage agreements with the U.S Bureau of Reclamation to allow use of the reserved
consumptive use water downstream from Green Mountain Reservoir.

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