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<br />. <br /> <br />. <br /> <br />. <br /> <br />Consent Agenda Item l.i <br />Case No. 5-05CW265; Colorado Water Tms1 and Colorado River Water Conservation District, <br />acting by and through its Colorado River Water Projec1s Enterprise <br /> <br />Aoolication Summarv <br /> <br />This is an application to change the use of Peabody #1 Ditch and Peabody #1 Ditch, Lund <br />Enlargement & extension water rights on Boulder Creek near Green Mountain Reservoir. <br />Applicants propose to change the use from in-igation to all beneficial uses, including "in-river fish <br />habitat and river flow maintenance and enhancement" within the Colorado River Basin. The <br />Peabody Ditch water rights are the subject of an Acquisition Agreement between the Colorado <br />Water Trust and the CWCB dated December 22,2004, and the Addendum to Acquisition Agreement <br />dated August 1,2005 ("Agreements"). The Agreements impose ce11ain conditions on the District's <br />use of the historical consumptive use of the wa1er rights downstream of Green Mountain Reservoir. <br />The CWCB filed a water court application in Case No. 05CW264 to change the same water rights to <br />instream flow uses on Boulder Creek and the Blue River down to Green Mountain Reservoir. <br /> <br />Potential for Injury <br /> <br />The Applicant's claimed change of use of the subject water rights to "in-river fish habitat and river <br />flow maintenance and enhancement uses and uses in furtherance of 1he Upper Colorado River <br />Basin fishes Recovery Program" may conflict with the Board's exclusive authority to appropriate <br />instream flow and natural lake level water rights. Section 37-92-102(3) eR.S. provides: ".. .no <br />other person or entity [other than the CWCB] shall be granted a decree adjudicating a right to <br />water or interests in water for instream flows in a stream channel between specific points, ..., for <br />any purpose whatsoever." <br /> <br />Any decree entered in this case must include terms and conditions that will ensure compliance <br />with the conditions set forth in the Agreements. <br /> <br />Other Objectors <br /> <br />The U.S. Bureau of Reclamation, Blue River Ranch, LLC, S.G. Company, Colorado Springs <br />Utilities, City of Aurora acting by and through its Utility Enterprise, and the City and County of <br />Denver acting by and through its Board of Water Commissioners also filed statements of <br />opposition to this application. <br />