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I I I I I I I I I I I I I I' I I, I I I rights were historically diverted from Boulder Creek into an adjacent drainage for irrigation, and therefore, were fully consumptive to the stream and to other downstream diversions, No return flows accrued to Boulder Creek. Existing rights could be injured if the Board's in stream flow use resulted in an expansion of the historic use of the water right. Blue River - According to the Water Commissioner, there are 5 active ditches on the Blue River between Boulder Creek and Green Mountain Reservoir, Most are decreed for irrigation use. Return flows from the acquired rights accrued to the Blue River a short distance upstream from the confluence with Slate Creek. Above that point, the acquired rights were fully consumptive to the stream and to other downstream diversions. Downstream of Slate Creek, loss of delayed return flows could potentially be a concern, However, in a 1995 report, Bishop Brogden Associates concluded "Because of the close proximity to the stream and the topography of the area, most of the return flow probably returned during the month of diversion", Existing rights could be injured if the Board's instream flow use resulted in an expansion of the historic use of the water right. Effect of the proposed aCQuisition on the maximum utilization of the waters of the state? The subject water right has been used to irrigate hay meadows, and the consumptive use was historically lost to the stream. The proposal to use the water rights for instream flow use and then sell the consumptive use to a downstream user could make water available for downstream use and contribute to the maximum utilization of the waters of the state, Effect of the proposed aCQuisition on any relevant interstate compact issue? Based on the information currently available, the proposed acquisition does not appear to affect any interstate compact issue. Will the aCQuired water be available for subseQuent use downstream? Acquisition of these rights will provide 87 acre-feet of water that was previously lost to the system through consumptive uses. That water could be available for sale to water users on the Blue River downstream from the confluence with Green Mountain Reservoir, as long as existing instream flow water rights are not injured, Costs to complete the transaction. or other associated costs? There are various costs associated with completing this water right acquisition, The Water Trust has covered costs for the water right appraisal, title search, update of engineering report, and costs associated with the purchase of the water right. The Water Trust will also cover any costs associated with the change of water right proceeding to use the retained consumptive use downstream from the identified in stream flow segments. 4