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<br /> <br />: <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />2 <br /> <br />Division No.5, 97CW283 <br />Deeree <br /> <br />3. Obiectors. Statements of Opposition to the application were timely filed by the <br />State and Division Engineers, the Colorado Water Conservation Board ("CWCB"), Goose <br />Pasture Tam L.L.C., Colorado River Water Conservation District, Ralston Resorts, Inc., City and <br />County of Denver, acting by and through its Board of Water Commissioners, and Breckenridge <br />Sanitation District. The Frisco Sanitation District was allowed to intervene. The time for filing <br />additional statements of opposition have now expired. <br /> <br />4. 'l.ll"I?llItoConditional Water Rij;tht. Breckenridge seeks a decree for a conditional <br />aa a~sQlllto water right for the Miners Creek Ditch, as more specifically described below: <br /> <br />(a) Name of Structure: Miners Creek Ditch <br /> <br />(b) Legal Description: The point of diversion for the Miners Creek Ditch is <br />located on the East Fork of Miners Creek in the SW 1/4 of the NW 1/4 of Section 14, T. 6 S., R. <br />78 W. of the 6th P.M. at a point 1000 feet from the West Section line and 1400 feet from the <br />North Section line of said Section 14. The Miners Creek Ditch runs approximately 2,400 feet in <br />an easterly direction where it discharges into a tributary of North Barton Gulch, which, in tum, <br />discharges into the Blue River. <br /> <br />(c) Source: The source for Miners Creek Ditch is the East Fork of Miners <br />Creek, tributary to Miners Creek, tributary to the Blue River. <br /> <br />(d) Amount: 2 cfs conditionalabl;Qluto. <br /> <br />(e) Date of Appropriation. huli I, IIlIQ Tk@ aPJl~pl'iaR911 aatw is ~as@a <br />"P"II tRw fa~t tllatWhile the Miners Creek Ditch has diverted water from the East Fork of Miners <br />Creeks into a tributary of North Barton Gulch since at least}ll1w I, I VI Q.July 14, 1899, <br />Breckenridge has stipulated to an appropriation date of May 18, 1995. <br /> <br />(f) Uses. The water right is used to increase exchange potential on the Blue <br />River to enable the exchange of water under other water rights~j' il'akaA@8 for domestic, <br />municipal, commercial, industrial, fire protection, irrigation, recreation, fish and wildlife <br />propagation (W;klQiRg Uilt llj' tR8 C'JTC~ pur&'Jaal W tlw lItip'lbtiQR llw"@@R lil~@sktQfktgt aR4 <br />thw ('well set flllik ill Fara8l'apIl7(a) ~WQ":), reservoir evaporation and augmentation purposes. <br />The water right will also be used by the CWCB pursuant to the Stipulation between <br />Breckenridge and the CWCB set forth in paragraph 7( d) below. <br /> <br />5. Right of Exchange. The Miners Creek Ditch diverts water from the East Fork of <br />Miners Creek and transports said water to a tributary of North Barton Gulch, which then empties <br />into the upper Blue River approximately I mil~ upstream of the confluence of the Blue River and <br /> <br />sb0409 <br /> <br />. -2- <br />