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City of Boulder and <br />Colorado Water Conservation Board <br />Case No. 90CW193 <br />Page 16 <br />E. Ninety percent (90 %) of the subject 24.602 shares <br />112.17. cfs) of the Farmers Ditch Company that are decreed for <br />diversion by Boulder at the headgate of the Farmers Ditch pursuant <br />to the terms and conditions of the decree in Case Nos. W -7569, <br />W -7570 and W- 8520 -77 may be left undiverted in Boulder Creek for <br />use by the Board for instream flow in Segment C described above <br />during the period May 1 through September 30 of each year. The <br />volume of water used by the Board and Boulder shall not exceed <br />2,165 acre-feet per year or a cumulative total of 19,822 acre -feet <br />in any period of ten consecutive years, subject to the following <br />additional monthly limitations: <br />Month Maximum Amount Available <br />(Acre -Feet) <br />May 396 <br />June 725 <br />July 748 <br />August 655 <br />September 284 <br />In any 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. Use during the month <br />of May by the Board and Boulder shall be further limited to a <br />cumulative total of 2,290 acre-feet in any period of ten <br />consecutive years; provided, however, any month of May in which no <br />water is used for either municipal or instream flow purposes shall <br />not be included in the calculation of this cumulative total. <br />During times when the subject Farmers Ditch water rights are being <br />left undiverted in Boulder Creek for instream flow use by the <br />Board, the Farmers Ditch may call for and divert as ditch loss <br />replacement the remaining ten percent (10 %) of the subject <br />24.602 shares (1.35 cfs). In the event that the Farmers Ditch <br />Company ceases to operate the Farmers Ditch, the 1.35 cfs left as <br />ditch loss replacement shall be abandoned to the stream. <br />F. Use of the water rights described in this <br />paragraph 4.6 for instream flow purposes shall be limited to the <br />pro rata share of water that is legally and physically available in <br />priority for such water rights at their respective historical <br />headgates under the priority system (including exchange priorities) <br />during the periods described in subparagraphs A. -E. hereof and <br />shall be further limited to those times within such periods when, <br />but for this change of water right, water would have been used <br />pursuant to historical practices during similar hydrological and <br />16 <br />