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Last modified
8/16/2009 2:47:51 PM
Creation date
10/4/2006 6:34:24 AM
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Board Meetings
Board Meeting Date
5/24/2004
Description
ISF Section - Boulder Creek Water Right Acquisition (Summit County)
Board Meetings - Doc Type
Memo
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<br />", <br /> <br />\ <br /> <br />. <br /> <br />Summary of Proposal <br /> <br />The Colorado Water Trust is proposing to purchase the Peabody #1 Ditch and Lund Enlargement <br />water rights and convey a partial interest in the rights to the Board for instream flow use in two segments of <br />stream: <br /> <br />. Boulder Creek - from the decreed location of the Peabody #1 Ditch headgate downstream to the <br />confluence with the Blue River, a distance of 3 miles, and <br /> <br />. Blue River - from the confluence with Boulder Creek downstream to the confluence with Green <br />Mountain Reservoir, a distance of 11.1 miles. <br /> <br />The Board currently holds instream flow water rights on both of these segments of stream, <br /> <br />The proposed acquisition agreement contains the following terms and conditions: <br /> <br />a, Transit losses will be calculated and incorporated into the final determination of the amount <br />of water available for use downstream from Green Mountain Reservoir, <br /> <br />_ <br /> <br />b. The Water Trust must have entered into a contract with a buyer for the right to use the <br />consumptive use downstream of Green Mountain Reservoir prior to filing the change of water <br />right application. <br /> <br />c. Any rights to use water reserved by the Trust cannot be exchanged upstream from Green <br />Mountain Reservoir, or on the Colorado River upstream of the confluence of the Blue River, <br />or on any stream segment where the Board currently holds an instream flow water right at a <br />point within or upstream from that in stream flow segment, and shall not cause injury to any <br />instream flow water right. <br /> <br />d. The Trust will be responsible for all costs of the proceeding related to changing the rights to <br />uses downstream from the Blue River confluence with Green Mountain Reservoir. <br /> <br />e. The Board commits to use the conveyed rights for instream flow purposes to preserve and <br />improve the natural environment to a reasonable degree in the designated stream reaches, <br />and to take all reasonable steps to enforce those in stream flow rights and protect them from <br />injury, <br /> <br />f, The Trust or assigns will be responsible for securing any required water passage or water <br />storage agreements with the U,S Bureau of Reclamation to allow use of the reserved <br />consumptive use water downstream from Green Mountain Reservoir. <br /> <br />Water Acquisition Procedure <br /> <br />In March 2003, the Board adopted new rules for water acquisitions (ISF Rule 6). The new rules were <br />developed to implement the provisions of 5B 02-156 which allowed the Board to acquire water, water rights <br />_and interests in water to preserve or improve the natural environment. The statute provides 120 days for <br />the Board to determine what terms and conditions it will accept in an acquisition agreement for water, water <br /> <br />2 <br />
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