BOARD00623

• Board Meeting Date: 1/22/2003
• Description: ISF Section - Amendment to Carbon Lake Ditch Donation Agreement
• Board Meetings - Doc Type: Memo

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DRAFT 1/10/2003

AMENDMENT TO DONATION AGREEMENT
RECITALS

A. The COLORADO WATER CONSERVATION BOARD ("Board"), an agency of the State
of Colorado, and the SAN JUAN RESOURCE CONSERVATION AND DEVELOPMENT
COUNCIL ("Council"), a Colorado nonprofit corporation, 31 Suttle Street, Durango, La Plata
County, Colorado, 81303 executed on February 21, 2002 a Donation Agreement ("Agreement")
for the donation to the Board of a water right of 10 c.f.s. in the Carbon Lake Ditch, decreed to
Headgate #1 located on an "unnamed tributary to Mineral Creek" (Big Horn Gulch), and 5 c.f.s.
decreed to Headgate #2 located on an unnamed tributary to Mineral Creek (unnamed tributary
to Big Horn Gulch), with an appropriation date of July 13, 1954. The water right was awarded a
conditional decree in Case No. 1751-8, District Court, La Plata County, on March 21, 1966 for
irrigation, of 675 acres in Montrose and Ouray Counties, with an appropriation date of July 13,
1954. The right was made absolute by the Court in Case Nos. W-46-1970 and W-626-1972
(the "Donated Right").

B. In the Agreement, the Board stated its intent to accept the Carbon Lake Ditch water right
from the Council and to file an application with the Division 7 Water Court for a change of use of
that water right to allow instream flow use by the Board to preserve the natural environment to a
reasonable degree in:

. Big Horn Gulch - from the decreed location of Headgate #1 of the water right,
downstream to the confluence with the North Fork of Mineral Creek, a distance of
approximately 1.39 miles;

. the unnamed tributary to Big Horn Gulch - from the decreed location of Headgate #2
of the water right, downstream to the confluence with Big Horn Gulch, a distance of
approximately 0.44 mile; and