BOARD00182 ‎(2)‎

• Board Meeting Date: 5/23/2007
• Description: ISF Section - Hat Creek Proposed Water Acquisition
• Board Meetings - Doc Type: Memo

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ST A TE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Ritter, Jr.
Governor

To:

Colorado Water Conservation Board Members

Linda Bassi ';-d ~
Stream and La~ction Section

May 11, 2007

Harris D. Shennan
Executive Director

From:

Rod Kuharich
CWCB Director

Dan McAuliffe
Deputy Director

Date:

Re: Agenda Item No. 25, May 22-23, 2007 Board Meeting: Hat Creek Water Right
Acquisition

The Colorado Water Trust has offered the Colorado Water Conservation Board a donation of a
water right for instream flow use on Hat Creek in Eagle County. The Colorado Water Trust
("CWT") is a private, non-profit organization that was created to "acquire, or assist others in
acquiring water for conservation purposes". The proposed donation is the Hat Creek Ditch
water right, located on Hat Creek, which is a tributary of East Brush Creek, Brush Creek and the
Eagle River in Eagle County (see attached map). In April 2006, Vail Corporation donated the
Hat Creek Ditch water right to the CWT in connection with an exchange of historically irrigated
land with the U.S. Forest Service. In turn, the CWT is proposing to convey the Hat Creek Ditch
water right to the Board to preserve the natural environment of Hat Creek and East Brush Creek
to a reasonable degree. A letter from the CWT offering the Hat Creek water right to the Board is
attached as Exhibit 1.

1. The Hat Creek Ditch Water Riaht

The Hat Creek Ditch historically diverted water from Hat Creek, approximately 1/2 mile
upstream from the confluence with East Brush Creek. The Hat Creek Ditch water right, Priority
No. 335, was decreed for 2.0 cfs for irrigation purposes by the Eagle County District Court on
July 17,1916 in Civil Action No. 673 with an appropriation date of March 6, 1914. The decree
identifies approximately 100 acres of land adjacent to East Brush Creek to be irrigated via the
Hat Creek Ditch. However, the actual irrigated acreage appears to have been closer to 22
acres. The location of the land irrigated via the Hat Creek Ditch indicates that the irrigation
return flows likely accrued to East Brush Creek, with the water diverted through the Ditch being
nearly 100% depletive to Hat Creek.

2. The Board's Water Acquisition Procedures

Rule 6 of the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program
("ISF Rules") sets forth the Board's procedures for acquiring water for instream flow use.
Section 37-92-102(3), C.R.S. provides 120 days for the Board to determine what terms and
conditions it will accept in an acquisition agreement for water, water rights, or interests in water

Colorado Water Conservation Board
Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning