Laserfiche WebLink
City of Boulder and <br />Colorado Water Conservation Board <br />Case No. 90CW193 <br />Page 11 <br />commercial, industrial and recreation use) and may be diverted at <br />Lakewood Pipeline, Silver Lake Pipeline and Barker Pipeline <br />described in paragraph 3.2 above, subject to the following terms <br />and conditions: <br />A. The gross irrigable acreage under the entire McCarty <br />Ditch was 146.9 acres, portions of which were also irrigated by the <br />Smith and Goss Ditch. The acreage allocable to the subject <br />2 shares is 0.44 acres, 90 percent of which is irrigable. Boulder <br />stipulated in Case Nos. W -7569, W-7570 and W- 8520 -77 that at least <br />0.0278 cfs per gross acre should be abandoned in all future <br />transfers. 0.012 cfs of the subject 0.015 cfs is therefore <br />abandoned herein by Boulder. <br />B. The remaining 0.003 cfs of the subject 0.015 cfs may <br />be diverted under the subject 2 shares at Lakewood Pipeline, Silver <br />Lake Pipeline and /or Barker Pipeline for direct flow municipal use <br />by Boulder, subject to the provisions of subparagraph C herein. <br />C. Diversion of the 2 shares at the new alternate <br />points of diversion shall be limited to the pro rata share of water <br />that is legally and physically available therefor at the historical <br />McCarty Ditch headgate under the priority system and to the period <br />May 1 through September 30 of each year. Diversions shall be <br />further limited to those times within such season when, but for <br />this change of water right, water would have been used pursuant to <br />historical practices during similar hydrological and meteorological <br />conditions for beneficial direct flow irrigation by bona fide <br />agricultural users on land under the McCarty Ditch. Any call made <br />by Boulder for municipal purposes under the subject 2 shares shall <br />be administered at the historical McCarty Ditch headgate on Boulder <br />Creek and not at the new alternate points of diversion. Boulder <br />shall not initiate a call for municipal purposes under the subject <br />2 shares if sufficient water is then available in Boulder Creek at <br />the historic McCarty Ditch headgate to meet the demands of the <br />shareholders of the McCarty Ditch Company, including Boulder, who <br />are requesting direct flow diversions under the McCarty Ditch water <br />right. <br />D. Upon entry of this decree, the amount that may be <br />diverted at the historical McCarty Ditch headgate by the remaining <br />shares for irrigation under the original McCarty Ditch decree shall <br />be reduced to 2.785 cfs. <br />3.6 The subject 9.4 Smith and Goss Ditch Company shares <br />(1.907 cfs) may be changed, to municipal use (including domestic, <br />irrigation, commercial, industrial and recreation use) and may be <br />diverted at Lakewood Pipeline, Silver Lake Pipeline and Barker <br />11 <br />