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~1 (\ - STATE OF COLORADO Colorado Water Conservation Board Department of Natural Resources 1313 Sherman Street, Room 721 Denver, Colorado 80203 Phone: (303) 866,3441 FAX: (303) 866-4474 www.cwcb.state.co.us MEMORANDUM Bill Owens Governor Russell George Executive Director TO: eWCB Members Rod Kuharich CWeB Director FROM: Dan Merriman Anne Janicki Dan McAuliffe Deputy Director DATE: May 12, 2004 Agenda Item 12 - May 24-25,2004 eWCB Meeting Stream and Lake Protection Program Boulder Creek Water Right Acquisition (Summit County) SUBJECT: e Staff has received the attached request and proposed Water Acquisition Agreement from the Colorado Water Trust. 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. The Peabody #1 Ditch and Lund Enlargement divert from Boulder Creek, which is tributary to the 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. 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, Peabody #1 Ditch and Lund Enlargement/Extension a Boulder Creek - Summit County . Case W-1277 Adjud - March 2, 1910 Approp May 23, 1904 Original 5.0 cfs Irrigation CaseW-1520 Adjud - July 5,1916 Approp May 15,1915 Supplemental (Lund) 3,5 cfs Irrigation Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection Water Supply Protection. Conservation and Drought Planning