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BOARD00251
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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 />'f <br /> <br />e <br /> <br />WHEREAS, the Board currently holds decreed instream flow water rights on Boulder Creek and <br />the Blue River to preserve the natural environment. Said instream flow rights were decreed in <br />Case Nos. 5-77W3646, 5-87CW297, and 5-87CW298; and, <br /> <br />WHEREAS, the Board intends to accept the Donated Rights from the Trust and to file an <br />application with the Division 5 Water Court for a change of use of those water rights to allow <br />instream flow use by the Board to preserve or improve the natural environment to a reasonable <br />degree in: <br /> <br />. Boulder Creek - from the decreed location of the Peabody Ditch head gate, <br />downstream to the confluence with the Blue River, a distance of approximately <br />3 miles. <br /> <br />. The Blue River - from the confluence of Boulder Creek to the confluence with <br />Green Mountain Reservoir, a distance of approximately 9 miles. <br /> <br />WHEREAS, the Board's use of the Donated Rights for instream flow purposes will require Water <br />Court approval of a change in use for the water rights; and, <br /> <br />WHEREAS, the Trust wishes to assist the Board in obtaining judicial approval of the change in <br />use to add instream flow use; and <br /> <br />e <br /> <br />WHEREAS, the Trust wishes to reserve the right to use the decreed consumptive use of the <br />Donated Rights downstream of the confluence with Green Mountain Reservoir, including the <br />right to assign or sell such right of use in order to recover some or all of its costs in the <br />acquisition of the Donated Rights; and <br /> <br />NOW THEREFORE, in consideration of the mutual and dependent covenants contained herein, <br />the parties agree as follows: <br /> <br />Conveyance of Direct Flow Water Rights <br /> <br />1. Contingent upon the Trust being able to exercise its purchase option, within 30 days atter <br />it takes title to the Peabody Ditch water rights, the Trust will convey the following <br />described water rights ("Donated Rights") to the Board by Special Warranty Water Deed <br />in substantially the same form as the deed attached hereto as Exhibit A: <br /> <br /> Approp. Adjud. <br /> Name Amount Date Date <br /> Peabody #1 5.0 cfs, absolute. May 23,1904 March 2, 1910 <br /> Peabody #1, 1.5 cfs. absolute May 15, 1915 July 5, 1916 <br /> Lund Enlg. & Ext. <br />e Peabody #1, 2.0 cfs, absolute May 15,1915 July 5, 1916 <br />Lund Enlg. & Ext <br /> <br />Case No. <br /> <br />1277 <br />1277 <br /> <br />86CW151 <br />(cond to abs) <br /> <br />2 <br /> <br />
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