CWCB accepts BLM perpetual lease for Mineral Point Ditch water right to restore flows on Burrows Creek

The Colorado Water Conservation Board voted to accept the Bureau of Land Management’s offer of a contractual interest in the Mineral Point Ditch water right on Burrows Creek and to pursue a water‑court change case to add in‑stream flow as a beneficial use.

Lisa Breitunger presented the item, describing the ditch as historically diverted from the Animas Basin and decreed for 11 cubic feet per second. The BLM would grant CWCB the right to use the full decreed amount under a perpetual lease that runs in five‑year terms and automatically renews unless terminated. Staff and CPW coordinated with the Southwestern Water Conservation District to analyze limited historical use records and recommended requesting monthly flow rates for seasonal use (June through September) in the water court change application.

Colorado Parks and Wildlife recommended the acquisition, saying the reach supports a water‑dependent natural environment and a macroinvertebrate community, and noting benefits from flow restoration could include improved water quality given the Bonita Peak Superfund context. "Burrows Creek does not currently support a fishery," staff noted; CPW said restored flows would likely produce long‑term water quality improvements and expanded macroinvertebrate habitat.

CWCB’s staff recommended that the board accept the BLM offer, determine the best use of the acquired interest is to preserve the natural environment to a reasonable degree, authorize the director to sign the perpetual lease, and direct staff to file a water court application to add in‑stream flow use; the board approved the recommendation by voice vote.

Staff said a water‑court change case will be required to change the diversion right to instream flow use, and that the acquisition would be managed by CWCB staff if approved.