ISFACQ00021

• Case Number: 98/5/ACQ-02
• Stream Name: Snowmass Creek
• Water Division: 5
• Water District: 38
• County: Pitkin
• Instream Flow Acq - Doc Type: Contracts, MOA/MOU, Leases, Agreements

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DONATION AGREEMENT

The Colorado Water Conservation Board ("Board"), an agency of the State of
Colorado, and The Conservation Fund ("TCF"), a Maryland non-profit corporation, in
consideration ofthe mutual promises contained in this document, agree as follows:

1. RECITALS
A. The Board is the owner of the following instream flow water rights on
Snowmass Creek:
Se~ment Case No Amount Season A,ppropriation Date
Snowmass Lake to 76W2943 Varies Varies 1/14/1976
Confluence wlWest 7 to 12 cfs (See Decree)
Snowmass Creek (See Decree)
Confluence wlWest 76C2943 12 cfs All 1/14/1976
Snowmass Creek to
Capitol Creek 92CW280 3 cfs( enlargement) 4/1-10/15 9/15/1992
Capitol Creek to 76W2943 12 cfs All 1/14/1976
Confluence w/ the
Roaring Fork 92CW281 10.5 cfs( enlargement) 4/1-10/15 9/15/1992

B. . Pursuant to Section 37-92-102(3) C.R.S. (1989 Supp.), the Board is
vested with the statutory authority to acquire, by contractual agreement, such water, water rights
or interest in water as the Board determines may be required for minimum stream flows to
preserve the natural environment to a reasonable degree.

C. The Board determined and the Court confirmed that the natural
environment in Snowmass Creek can be preserved to a reasonable degree under the decrees listed
in paragraph I.A. above.

D. TCF acknowledges that, under Colorado law, no person or entity other
than the Board shall be granted a decree adjudicating a right to water or interest in water for
instream flows.

E. TCF wants to assist the Board in maintaining instream flows in Snowmass
Creek at times when the Board's decreed instream flow rights as described above do not yield the
instream flow due to the relative priority of those rights on Snowmass Creek.