BOARD00255

• Board Meeting Date: 5/23/2005
• Description: ISF Section - Proposed Amendment to Moser Water Right Acquisition Agreement
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

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Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone, [phone]
FAX, [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

To:

Colorado Water Conservation Board Members

Russell George
Executive Director

From:

Dan Merriman
Anne Janicki

Rod Kuharich
eweB Director

Date:

May 10, 2005

Dan McAuliffe
Deputy Director

Re:

Agenda Item 6 - Stream and Lake Protection Section
Proposed Amendment to Moser Water Right Acquisition Agreement

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At its September 2004 Board meeting, the CWCB approved an Acquisition Agreement with the
Colorado Water Trust, and accepted the donation of the Peabody water rights to preserve and improve
the natural environment of Boulder Creek and the Blue River in Summit County. One of the terms of
the Acquisition Agreement reserved to the Water Trust the right to use the decreed consumptive use of
the donated rights downstream of the confluence with Green Mountain Reservoir, including the right to
assign or sell such rights in order to recover some or all of the transaction costs. However, at the time
the agreement was signed, the Water Trust had not identified a iocation or proposed use for the
consumptive credits.

Over the past several months, the Water Trust has been involved in negotiations with the
Colorado River Water Conservation District regarding purchase of the decreed consumptive use
credits. The River District plans to exchange the credits to storage in Wolford Mountain Reservoir
which is located on Muddy Creek in Grand County. The River District Board has approved the
purchase contract with the Water Trust

The CWCB holds an instream flow water right on Muddy Creek downstream from Wolford
. ':---'Ffle [loard's right was decreed in C;)!;e No. 5 98CW305 for the follo"'ing
amounts

70 cfs (05/1 - 05/14)
105 cfs (05/15 . 06/30)
70 cfs (07/1 .07/14)
20 cfs (07/15.04/30)

In order to ensure that the Board's decreed instream flow water rights were not injured by the
future sale and use of the consumptive use credits, the Acquisition Agreement contained the following
provision:

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Colorado Water Conservation Board
Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning