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• <br />City of Boulder and <br />Colorado Water Conservation Board <br />Case No. 90CW193 <br />Page 15 <br />Month Rate of diversion (cfs) <br />May 1.07 <br />June 2.23 <br />July 2.16 <br />August 1.62 <br />September 1.23 <br />In any water year in which no water will be used for instream flow <br />purposes and in which Boulder so notifies the water commissioner in <br />writing on or before April 29 thereof, said cumulative total <br />limitation shall not apply and that year shall not be included in <br />the calculation of the said cumulative total. In the event that <br />the Anderson Ditch Company ceases to operate the Anderson Ditch, <br />the water associated with the 0.1239 shares of New Anderson Ditch <br />Company stock described in paragraph 3.4.B. above and the water <br />associated with the 0.3805 shares of New Anderson Ditch Company <br />stock described in paragraph 2.B. of the decree in Case Nos. W- <br />7569, W -7570 and W- 8520 -77 shall be abandoned to the stream. <br />B. 1.8 cfs of the Harden Ditch water right that are <br />decreed for diversion at Lakewood Pipeline, silver Lake Pipeline <br />and Barker Pipeline pursuant to the terms and conditions of the <br />decree in Case Nos. W -7569, W -7570 and W- 8520 -77 may be left <br />undiverted in North Boulder Creek and Boulder Creek for use by the;: <br />Board for instream flow in Segments A, B and C described above <br />during the period May 1 through September 30 of each year, provided <br />that the total amount left undiverted for instream flow use in any <br />year shall not exceed 433 acre -feet. <br />C. The subject 295 shares (0.643 cfs) of the McCarty <br />Ditch Company that are decreed for diversion at Lakewood Pipeline, <br />Silver Lake Pipeline and Barker Pipeline pursuant to the terms and <br />conditions of the decree in Case Nos. W -7569, W -7570 and W- 8520 -77 <br />and paragraph 3.5 of this decree may be /eft undiverted in North <br />Boulder Creek and Boulder Creek during the period May 1 through <br />September 30iof each year for use by the Board for instream flow in <br />Segments A, B and C described above. <br />D. The subject 83.25 shares (0.451 cfs) of the Smith <br />and Goss Ditch Company that 'are decreed for diversion at Lakewood <br />Pipeline, Silver Lake Pipeline and Barker Pipeline pursuant to the <br />terms and conditions of the decree in Case Nos. W -7569, W -7570 and <br />as W- 8520 -77 and paragraph 3.6 of this decree may be left undiverted <br />r . b ° ' " in North Boulder Creek and Boulder Creek during the period May 1 <br />through October 15 of each year for use by the Board for instream <br />flow in Segments A, B and C described above. <br />15 <br />