BOARD00255

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

"

6.

The foJ/owing special conditions shell apply to the right reserved by the Trust to use the
consumptive use portion of the Donated Rights downstream of the confiuence with
Green Mountain Reservojr, ana shaH be inciudt:ri ill at/y uf::f:c1 C0ii'v'oyfng thct rfght:

.

A. The right to use the Donated Rights reserved by the Trust will be for users) at a
location or locations to be specified prior to filing a change application in water court
for such users).

B. This Agreement expressly prohibits the Trust and its assigns from exercising the
right to use the Donated Rights reserved by the Trust via exchange to uses located
upstream from Green Mountain Reservoir, or on the Colorado River upstream of the
confluence with the Blue River. The exercise of the reserved right to use the
Donated Rights at locations downstream of the confluence with Green Mountain
Reservoir may not occur on any tributary in which the Board holds an instream flow
water right, at a point within or upstream from that instream flow segment, and shall
not cause injury to any instream flow water rights held by the Board.

C. The parties acknowledge and understand that the Division Engineer will assess
appropriate transit losses on the water available for uses downstream from the
confluence with Green Mountain Reservoir.

D. The Trust or its assigns will be responsible for securing any required water passage
or water storage agreements with the Us. Bureau of Reclamation to allow exercise
of the reserved right to use water downstream from the Blue River confluence with
Green Mountain Reservoir.

Since the Water Trust has now secured a buyer for the decreed consumptive use credits, the
Water Trust is requesting a modification to the existing Acquisition Agreement to address the actual
location and use of the credits. The proposed Addendum to Acquisition Agreement, which is attached .
to this memo, modifies paragraph 613 to specifically provide for the use of the credits by the Colorado
River Water Conservation District on Muddy Creek for storage in Wolford Mountain Reservoir. The
Addendum further provides that any exchanges to and storage in Wolford Mountain Reservoir shall be
conducted in a manner that does not injuriously affect the Board's instream flow right on MUddy Creek.

Staff has discussed the proposed use of the consumptive use credits with the Colorado Water
Trust, and reviewed the proposed Addendum to Acquisition Agreement. Staff believes that the
proposed modification will not adversely affect the Board's instream flow rights since, 1) the exception
in paragraph 6.13. is specifically limited to use by the River District on Muddy Creek, 2) the River
District's use is conditioned upon non-injury to the instream flow right on Muddy Creek, 3) the original
Acquisition Agreement requires the Water Trust to file a change of water right for the new use, and 4)
that agreement olso pro'/ides that, "The Board may file a Statement of Orpn<:ition tn thp. Tnlst's
application to protect existing instream flow rights from injury and to ensure compliance with the terms
of this agreement."

Staff Recommendation

Staff recommends that the Board approve the attached Addendum to Acquisition Agreement
with the Colorado Water Trust.

Attachment

Flood Protection. Water Project Planning and Finance. Stream and Lake Protection
WateI Supply Protection... Conservation Planning