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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2. The Trust shall record said deed with the Summit County Clerk and Recorder within ten
days of said conveyance, and shall provide a copy of the recorded deed to the Board.

Water Court Proceedings

3. Within one year after receiving title to the Donated Rights, the Board and the Trust shall
file a joint application with the Water Court seeking to change the decree for the Donated
Rights to

a. Allow instream flow use exclusively by the Board in the following segments of stream:

b.

. Boulder Cr

eabody #1 headgate,
River, a distance of

. Blue River - fr
confluence i
miles.

, downstream to tlie
i tance of approximately 9

If the Trust has not entered into such a contract with one year after receiving title to
the Donated Rights, the Trust will be responsible for filing the Water Court application
to use the consumptive use portion of the Donated Rights downstream of the
confluence with. Green Mountain Reservoir. The Board may file a Statement of
Opposition to the application to protect existing instream flow rights from injury and to
ensure compliance with the terms of this agreement.

4. The Board will be responsible for the normal and reasonable costs of water court
proceedings that change the use to instream flow for segments of stream described in
paragraph 3a. The Trust shall provide reasonable assistance to the Board in obtaining
judicial approval of the change application, including paying the costs of any required
engineering reports to support the application. The Trust shall also be responsible for all
costs of the proceeding relating to changing the rights to the uses described in paragraph
3b.

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

6. The following special conditions shall apply to the right reserved by the Trust to use the
consumptive use portion of the Donated Rights downstream of the confluence with Green
Mountain Reservoir, and shall be included in any deed conveying that right:

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