Final Decree & Stips

• Case Number: 1-90CW193A
• Stream Name: Boulder Creek
• Watershed: Boulder
• Water Division: 1
• Water District: 6
• County: Boulder
• Instream Flow Acq - Doc Type: Archive 2

City of Boulder and
Colorado Water Conservation Board
Case No. 90CW193
Page 10
C. The remaining 2.3542 shares (0.589 cfs) may be
diverted at Lakewood Pipeline, Silver Lake Pipeline and /or Barker
Pipeline for direct flow municipal use by Boulder. Diversions
shall not exceed 124 acre -feet per year, and a cumulative total of
1,019 acre feet in any period of ten consecutive years, at the
alternate points of diversion under these 2.3542 shares and the
rate of diversion at the alternate points of diversion under these
2.3542 shares shall not exceed the following:
Month Rate of diversion (cfs)
May 0.26
June 0.55
July 0.53
August 0.40
September 0.30
D. Diversion of the 2.3542 shares at the new alternate
points of diversion shall be limited to the pro rata share of water
that is legally and physically available therefor at the historical
Anderson Ditch headgate under the priority system and to the period
May 1 through September 30 of each year. Diversions shall be
further limited to those times within such season when, but for
this change of water right, water would have been used pursuant to
historical practices during similar hydrological and meteorological
conditions for beneficial direct flow irrigation by bona fide
agricultural users on land under the Anderson Ditch. Any call made
by Boulder for municipal purposes under the subject 2.3542 shares
shall be administered at the historical Anderson Ditch headgate on
Boulder Creek and not at the new alternate points of diversion.
Boulder shall not initiate a call for municipal purposes under the
subject 2.3542 shares if sufficient water is then available in
Boulder Creek at the historic Anderson Ditch headgate to meet the
demands of the shareholders of the New Anderson Ditch Company,
including Boulder, who are requesting direct flow diversions under
the Anderson Ditch water right.
E. Boulder shall continue to be liable for all lawful
and regular assessments of the New Anderson Ditch Company allocable
to the subject 2.4781 shares.
F. Upon entry of this decree, the amount that may be
diverted at the historical Anderson Ditch headgate by the remaining
shares for irrigation under the original Anderson Ditch decree
shall be reduced to 10.544 cfs.
3.5 The subject 2 McCarty Ditch Company shares (0.015 cfs)
may be changed to municipal use (including domestic, irrigation,
10