Instream Flow Acquisitions
4/15/2016 11:34:37 PM
10/5/2006 10:16:58 PM
Instream Flow Acquisitions
Hot Spring Creek
Instream Flow Acq - Doc Type
Hot Spring Creek - Nancy Hoelzen
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<br />., <br /> <br />" <br /> <br />. <br /> <br />. <br /> <br />AGREEMENT FOR THE DONA nON OF WATER RIGHTS <br /> <br />-(> <br />This agreement, made this L5 day of ~ ' 1997 by and between the State of <br />Colorado for the use and benefit of the Dep ent of Natural Resources, Colorado Water <br />Conservation Board ("Board"), and Mrs. Nancy E. Hoelzen, Kent, Washington. <br /> <br />RECITALS <br /> <br />A. Section 37-92-102(3), C.R.S (1990 and Supp. 1996) authorizes the Board to acquire <br />by contractual agreement such interests in water as the Board determines may be required for <br />minimum stream flows to preserve the natural environment to a reasonable degree. <br /> <br />B. Under said Section 37-92-102(3), no entity other than the Board shall be granted a <br />decree adjudicating a right to water for instream flow uses. <br /> <br />C. The Board is the owner of an instream flow ("ISF") water right on Hot Spring Creek <br />extending from the headwaters to the National Forest boundary for 2 cubic feet per second ("c.f.s.") <br />as decreed in Case No. 77W1335. <br /> <br />D. The Board intends to appropriate an instream flow right on the lower segment of <br />Hot Spring Creek from the National Forest boundary to the confluence of Hot Spring Creek and the <br />Elk River. <br /> <br />E. Mrs. Hoelzen is the owner of approximately 2.06732 c.f.s. of RE. Turner Ditch <br />water rights and approximately 0.88583 c.f.s. of O'Neal Ditch water rights ("the Water Rights"). <br />Both ditches divert water from Hot Spring Creek in Routt County. <br /> <br />F. Mrs. Hoelzen intends to transfer ownership of the Water Rights to the Board for the <br />maintenance of instream flows on Hot Spring Creek and the Elk River. <br /> <br />G. The Water Rights are decreed for purposes other than instream flow use. The <br />Board's use of these rights for instream flow purposes will require Water Court approval of changes <br />in use of the Water Rights. <br /> <br />H. The Board intends to accept the Water Rights from Mrs. Hoelzen and to file an <br />application with the Division 6 Water Court for a change of use of the Water Rights to instream <br />flow uses. <br /> <br />NOW THEREFORE, in consideration of the mutual and dependent covenants contained <br />herein, the parties agree as follows: <br /> <br />~FC'-' '\I', "\ <br />. . '" :~.f ~!.J <br /> <br />tl,UG 18 1997 <br /> <br />Page 1 of 3 <br /> <br />=:"!; I r lilr. ("w <br />"I r .'.., <br />
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