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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ADDENDUM TO ACQUISITION AGREEMENT

This Addendum to Acquisition Agreement ("this Agreement") is made
between the Colorado Water Conservation Board ("the Board"), an agency of the State of
Colorado, and the Colorado Water Trust ("the Trust"), a Colorado nonprofit corporation.

RECITALS

WHEREAS, the Board is authorized underS 37-92-102(3), CRS., to acquire
from any person, including any governmental entity, such water rights or interests in water
as the Board determines may be required for instream flows to preserve or improve the
natural environment to a reasonable degree and to take whatever action may be needed to
ensure such instream flows remain in the river; and

WHEREAS, the Trust was organized as a nonprofit corporation to "acquire, or
assist others in acquiring, water rights or interests in water rights, using voluntary
approaches with willing owners, for conservation benefits; and

WHEREAS, the Board and the Trust entered into an Acquisition Agreement
dated December 22, 2004 ("the Acquisition Agreement") whereby the Trust will donate the
Peabody #1 and Lund Enlargement to the Board for instream flow use to preserve and
improve the natural environment of Boulder Creek and the Blue River in Summit County;
and

WHEREAS, the parties desire to amend the Acquisition Agreement.

AGREEMENT

It is hereby agreed between the parties that the Acquisition Agreement be
amended by adding the following language at the end of paragraph 6.B on page 4:

. . . tm;ef-'llllat ti,e Boal d does COllsent to the exercise of tho
right by the Colorado River Water Conservation District on
Muddy Creek for storage at Wolford Mountain Reservoir for
subsequent release for beneficial uses by the Colorado River
Water Conservation District or its assigns, provided 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.

In all other respects the Acquisition Agreement entered into by the parties
hereto on December 22, 2004 remains the same.