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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Mineral Creek (North Fork) - from the confluence of Big Horn Gulch downstream to
the confluence with South Fork, Mineral Creek, a distance of approximately 4.62
miles.

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C. Since the execution of the agreement, the General Assembly enacted Senate Bill 02-156
to authorize the Board to accept donations of water rights to preserve or improve the natural
environment.

D. The Board and the Council wish to amend ,the Agreement to reflect S.B. 02-156.

Now, therefore, the parties hereto agree a\> follows:

1. Recital A of the Agreement is amended to read: "Pursuant to Section 37-92-
102(3), C.R.S., the Board is vested with st~tutory authority to acquire, by contractual
agreement, such water, water rights, or in~erests in water as the Board determines may
be required for minimum stream flows to preserve or improve the natural environment to
a reasonable degree."e

2. The second sentence of Recital H of the Agreement is amended to read: "The
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Council intends to donate this right to the ,soard for instream flow use to preserve or
improve the natural environment."

3. The introductory paragraph of Recital ,K of the Agreement is amended to read:

"The Board intends to accept the Carbon Lake Ditch water right from the Council
and to file an application with the Q:livision 7 Water Court for a change of use of
that water right to allow instream flow use by the Board to preserve or improve the
natural environment to a reasonable degree in:"

4. The introductory paragraph of Se~tion 2 of the Donation Agreement is amended to
read as follows:

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