ISFACQ00027

• Case Number: 80CW0061
• Stream Name: Hunter Creek
• Watershed: Roaring Fork River
• Water Division: 5
• Water District: 38
• County: Pitkin
• Instream Flow Acq - Doc Type: Final Decree/Stipulations

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the Southeastern Colorado W~ter Conservaney District,
and the Board of County Commissioners of the County of
Pitkin, Colorado, and approved by Richard D. Lamm,
Governor of the State of Colorado. Paragraph II.E.3 of
this agreement provided that Board would join in an
application for ehange of water rights for the purpose
of enabling the Board to utilize Aspen's Hunter Creek
Flume and Pipeline water right for minimum stream flow
maintenanee pursuant to C.R.S. ~ 37-92-l02(3), pro-
vided, however, that Aspen would retain title to said
water right and the use by the Board of said right would
be by permissive license only.

b. On March 3, 1980, Aspen and the Board executed
the minimum stream flow lieense ealled for by the
Oetober 7, 1978, agreement.

10. Approved alternate use:

a. Pursuant to the provisions of C.R.S.
~~ 37-92-l02(3) and 37-02-103(3), (4), and (10), the
Board is entitled to use the subject water right for
instream flow purposes to ensure the preservation of a
minimum stream level in order to proteet the natural
environment to a reasonable degree. Said in-stream use
shall be as a supplement to, and at sueh times as, any
minimum stream flow deerees in Hunter Creek now or as
may be held by the Board are out of priority and shall
be subject to use by Aspen for the decreed purposes at
the decreed point of diversion.

b. The Board is entitled to use any quantity up
to the full deereed ~ate of flow for in-stream flow uses
within the natural stream ehannel of Hunter Creek,
beginning at the historie point of diversion of the sub-
jeet water right as the upstream terminus to the
eonfluenee of Hunter Creek and the Roaring Fork River as
the downstream terminus.

11. . The above approved alternate use shall be subjeet
to the following stipulation with Objeetors Hugh Goodrieh,
priscilla Goodrieh Rea, and the Bank of the Southwest and
Marian Neal Lyeth, co-trustees:

The Board will not exereise the rights represented
by a deeree awarded herein for minimum stream flow to
prevent the Objectors. from diverting water whiehthe
Overflow and Loughran Ditches would have been entitled
to divert in the absenee of the deeree awarded herein.
The Overflow Diteh referred to herein has an adjudiea-
tion date of October 24, 1952, and a priority date of
June 19, 1947; the Loughran Ditch referred to herein has
an adjudieation date of Oetober 24, 1952, and a priority
date of June 17, 1947.

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