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6614:4 Div eAw 0.4 Wit v Wad- C64/ T s i.4L.. i City of Boulder and Colorado Water Conservation Board Case No. 90CW193 Page 12 Pipeline described in paragraph 3.2 above, subject to the following terms and conditions: A. The gross acreage under the Smith and Goss Ditch and irrigated solely by the Smith and Goss Ditch was 85.4 acres. As set forth in Paragraph 3.5(A), above, additional water diverted by the Smith and Goss Ditch also irrigated portions of the lands under the McCarty Ditch. Boulder stipulated in Case Nos. W -7569, W -7570 and W- 8520 -77 that at least 0.19745 cfs per share should be abandoned in all future transfers. 1.856 cfs of the subject 1.907 cfs is therefore abandoned herein by Boulder. B. The remaining 0.051 cfs of the subject 1.907 cfs may be diverted under the subject 9.4 shares at Lakewood Pipeline, Silver Lake Pipeline and /or Barker Pipeline for municipal use by Boulder, subject to the provisions of subparagraph C herein. C. Diversion of the 9.4 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 Smith and Goss Ditch headgate under the priority system and to the period May 1 through October 15 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 Smith and Goss Ditch. Any call made by Boulder for municipal purposes under the subject 9.4 shares shall be administered at the historical Smith and Goss 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 9.4 shares if sufficient water is then available in Boulder Creek at the historic Smith and Goss Ditch headgate to meet the demands of the shareholders of the Smith and Goss Ditch Company, including Boulder, who are requesting direct flow diversions under the Smith and Goss Ditch water right. 3.7 The diversion of water at the new alternate points of diversion shall be limited to those times when there is a live stream between the historic headgate and the upstream points of diversion. The state water administration officials may, on a case by case basis, waive this condition if they find there will be no injury to any other water user. 3.8 In order to prevent injury to the instream flow water right decreed to the Colorado Water Conservation Board in Case No. W- 7636 -74, the diversion of water under the subject 2.3542 Anderson 12