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<br />. <br /> <br />"Now it's going to stay in Boulder Creek and that's going to make a lot of people happy," <br />Moser said. <br /> <br />"We marketed the water rights separately," she continued, explaining that they fielded <br />several other offers for the water from various interested parties until finalizing the <br />conservation-oriented deal with the water trust. <br /> <br />'Win-win' <br />Moser said the sale ofthe water rights doesn't affect existing ranching and hay growing <br />at the Slate Creek Ranch, which still has irrigation water available from Slate Creek. <br /> <br />"From our standpoint, it's a win-win for the West Slope," said Colorado Water Trust <br />president Mile Browning. "We get water for instream flows and still get to put it to <br />beneficial use. We're not taking water out of consumptive use. We're using it for <br />instream flows in an area where flows are critical and redirecting the consumptive use to <br />an area where flows are not so critical." <br /> <br />The deal is significant in part because it helps provide water in an area where the <br />Colorado Water Conservation Board determined that required instream flows are not <br />being met, Browning said. <br /> <br />. <br /> <br />"The impact on Boulder Creek will be the greatest," said Jay Skinner, instream flow <br />coordinator for the Colorado Division of Wildlife. <br /> <br />Boulder Creek flows peak at about 50 to 75 cubic feet per second (cfs) during spring <br />runoff, but flows drop down as low as 3 to 5 cfs during the late irrigation season, in <br />August and early September, Skinner said, explaining that the stream suffered from those <br />low flows in late summer. <br /> <br />The Slate Creek Ranch diversion gulped up to 8 cfs for irrigation, and the water was <br />transferred out of the Boulder Creek drainage with no return flows. <br /> <br />"That was 100 percent depletive, and the effect was profound," Skinner said, expiaining <br />that the increased flows will benefit brook trout populations in the stream. <br /> <br />The fledgling water trust was formed in 2002 with specific purpose of acquiring water <br />rights for conservation purposes - an endeavor made more challenging by Colorado <br />water law, which stipulates that only the conservation board can own environmental <br />instream flow rights. <br /> <br />It's also the first use of a recently passed state law that enables the conservation board to <br />buy water rights not just to meet minimum flow requirements, but to improve stream <br />flows for the benefit of the environment, and specifically fish, said Melinda Kassen, <br />attorney with the Trout Unlimited's Western Water Project. <br /> <br />. <br /> <br />It's significant because it's the first time the CWCB has signed on to a deal authorizing <br />