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

WHEREAS, the Board currently holds decreed instream flow water rights on Boulder Creek and
the Blue River to preserve the natural environment. Said instream flow rights were decreed in
Case Nos. 5-77W3646, 5-87CW297, and 5-87CW298; and,

WHEREAS, the Board intends to accept the Donated Rights from the Trust and to file an
application with the Division 5 Water Court for a change of use of those water rights to allow
instream flow use by the Board to preserve or improve the natural environment to a reasonable
degree in:

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

. The Blue River - from the confluence of Boulder Creek to the confluence with
Green Mountain Reservoir, a distance of approximately 9 miles.

WHEREAS, the Board's use of the Donated Rights for in stream flow purposes will require Water
Court approval of a change in-us~ fOr-t\atr. ighfs:-alh

WHEREAS, the Trust wishJ to as~i toe 130 rd in bb,ltaili1~g j~iCial approval of the change in
use to add instream flow uset ,n~ \ I 11\ L II .

WHEREAS, the Trust wisheJ t<[> ~s .rve tht r,igHt to use (he ,decreed consumptive use of the
Donated Rights downstream lo~ t~e IdonfluJndelwi~ rGreEin ~oontain Reservoir, including the
right to assign or sell such ri!;jht of y~e r~ 6rd~rLth ~e opet somi' or all of its costs in the
acquisition ofthe Donated Ri9t1oJ; if I \ \ I \ I ii,

NOW THEREFORE, in conslderat'o~ 9f'h~fl~al i3~d dep~~dent covenants contained herein,
the parties agree as follows: J U Ii U U U

Conveyance of Direct Flow Water Rights

1. Contingent upon the Trust being able to exercise its purchase option, within 30 days after
it takes title to the Peabody Ditch water rights, the Trust will convey the fOllowing
described water rights ("Donated Rights") to the Board by Special Warranty Water Deed
in substantially the same form as the deed attached hereto as Exhibit A:

Approp. Adjud.
Name Amount Date Date
Peabody #1 5.0 cfs, absolute. May 23, 1904 March 2,1910
Peabody #1, 1.5 cfs, absolute May 15,1915 July 5,1916
Lund Enlg. & Ext.
Peabody #1 , 2.0 cfs, absolute May 15,1915 July 5,1916
Lund Enlg. & Ext

Case No.

1277

1277

86CW151
(cond to abs)

2

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