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

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City of Boulder and
Colorado Water Conservation Board
Case No. 90CW193
Page 27
delivered, the lands that will be irrigated, and the amount of
water leased. Boulder shall include in any such lease a provision
that requires the lessee to use all water available in priority to
its own decreed water rights prior to requesting or taking delivery
of the water leased from Boulder.
C. The amount of water available for delivery to
Boulder's lessees shall be determined on a daily basis by applying
the consumptive use percentage shown in paragraph 5.4 above for the
appropriate month to the amount of water left undiverted or
released for instream flow use pursuant to Part IV of this decree,
adjusted for any stream losses assessed by the State water
administration officials pursuant to paragraph 4.13 above. The
time at which such water reaches the downstream terminus of
Segment C shall be determined by the State water administration
officials.
D. Boulder and its lessees shall bear stream losses, if
any, between the downstream terminus of Segment C and the point of
delivery of the leased water, as assessed by the State water
administration officials.
6.1 So long as the terms and conditions described above are
complied with, the subject water rights may be changed as proposed
without causing injury to other water rights.
CONCLUSIONS OF LMJ.
7.1 The Court has jurisdiction over the subject matter of
this proceeding and over all who may be affected hereby, whether
they have appeared or not. § §37 -92 -203 and 37 -92 -302, C.R.S.
7.2 Timely and adequate notice of the pendency of this
proceeding was given in the manner required by law. §37 -92- 302(3),
C.R.S.
7.3 The changes of water rights proposed by applicants and
approved herein are contemplated and authorized by law and, if
implemented and administered in accordance with the provisions of
this decree, will not result in material injury to any owner of or
person entitled to use water under any vested water right or
decreed conditional water right.
JUDGMENT AND DECREE
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED:
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