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 20
there into the Boulder water supply system. This use by Boulder
has historically occurred during all months of the year.
B. Water previously stored by Boulder in Barker Meadow
Reservoir may be conveyed through the Boulder Power Pipeline and
related facilities from Barker Meadow Reservoir and released to
Boulder Creek at the discharge point of Public Service Company of
Colorado's hydroelectric plant at Oradell for instream flow use by
the Board ,in Sent C described above under this decree at such
rate and amount as Boulder determines from time to time, in its
discretion, is available for such use; provided, however, that such
releases may be made only to the extent required to achieve flows
in Segment C not exceeding 15 cfs.
C. Boulder shall notify the State water administration
officials at least 48 hours in advance of the release of water from
Barker Meadow Reservoir for instream flow use under this decree.
D. The assignment by Boulder to the Board of water
stored in Barker Meadow Reservoir for use for instream flow in
Segment C described above is discretionary with Boulder pursuant to
the terms of the Agreement between the Board and Boulder dated July
20, 1990 and recorded August 27, 1990 at Reception No. 01060612,
Boulder County real estate records. The decreed municipal and
related uses of the subject Barker Meadow Reservoir water rights
are therefore retained as alternate uses.
4.10 In order to replace return flows associated with the
historic use of the subject water rights that have occurred or
would occur in the future during the period October through March,
inclusive, of each year and to prevent injury to water rights that
may place a call for water during that period, Boulder has agreed
by stipulation that it shall have a return flow obligation of 36
acre feet, and the court approves that stipulation. For that
reason the following return flows are ordered:
A. For the period October through March, inclusive, of
each year, Boulder shall have a return flow obligation pursuant to
this decree of 36 acre -feet to be replaced at or above the outfall
of its present wastewater treatment plant near 75th Street. This
shall be the entire amount of Boulder's October through March
return flow obligation for the subject water rights.
B. Boulder currently owns 37 units of Windy Gap water
which is fully consumable. Boulder shall retain ownership of one
(1) unit of such Windy Gap water, up to 38 acre -feet of which shall
be used to satisfy the return flow obligation described in
20