BOARD02441

• Board Meeting Date: 3/26/2001
• Description: ISF Section - Donation Water Division 7 - Carbon Lake Ditch
• Board Meetings - Doc Type: Memo

'.
"
, H.
,
e
I.

e

271

The Council has received a grant from the Colorado Department of Public Health and the
Environment to purchase the Carbon Lake Ditch water right. The Council intends to
donate this right to the Board for instream flow use to preserve the natural environment.

The Board does not currently hold instream flow water rights on Big Horn Gulch, the
unnamed tributary to Big Horn Gulch or Mineral Creek (North Fork).

J. The Carbon Lake Ditch was decreed for irrigation purposes in Mineral and Ouray
Counties. The Board's USe of this right for instream flow purposes will require Water
Court approval of a change in use of that water right.

K. The Board intends 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 Head gate # 1 of the water right,
downstream to the confluence with the Mineral Creek (North Fork), 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.

· Mineral Creek (North Fork) - from the confluence of Big Hom Gulch
downstream to the confluence with South Fork Mineral Creek, a distance of
approximately 4,62 miles.

Conveyance of Direct Flow Water Rig~

1. Upon purchase of at least 80% of the following described water right, the Council shall
convey said right by special warranty deed to the Board.

· Carbon Lake Ditch, 10 cJ.s decreed to Headgate #1 located on an "unnamed tributary
to Mineral Creek" (Big Horn Gulch), and 5 cJ.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.

2.

e

The above-described water right was awarded a conditional decree in Case No. 1751-B,
District Court, La Plata County, on March 21, 1966 for irrigation of 675 acres in Mineral
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").

Within 30 days after the execution of this agreement, the Council will convey the Donated
Right to the Board by a special warranty deed in substantially the same form as the
attached Exhibit A (to be prepared by donor). shall record said deed with the La Plata County
Clerk and Recorder, and shall prOVide a copy of the recorded deed to the Board.

2