Laserfiche WebLink
City of Boulder and <br />Colorado Water Conservation Board <br />Case No. 90CW193 <br />Page 29 <br />stored on any particular day in each reservoir, points of diversion <br />on a daily basis and the calling water right, evaporation releases, <br />if any are required, and shall include records of deliveries of any <br />water leased pursuant to Part V of this decree. Applicants shall <br />also file with the state water administration officials a depth - <br />area- capacity table for each reservoir subject to this decree and <br />shall, with the approval of the state water administration <br />officials, select an administration year for each of such <br />reservoirs with a fixed starting date. Such records shall be made <br />available at least on a monthly basis to the Division Engineer and, <br />upon request, to any of the parties hereto upon payment of <br />reasonable copying charges. <br />8.4 Nothing in this decree affects or supersedes the decree <br />for Panama Reservoir No. 1 entered June 21, 1926 in Civil Action <br />No. 6672, Boulder County District Court, as limited by the decree <br />for the Boulder Exchange entered September 15, 1982 in Case No. <br />W- 7852 -74, District Court, Water Division No. 1. To the extent that <br />Boulder operates the leasing program approved by this decree, <br />Boulder shall not do so in any manner that would result in the <br />curtailment of diversions or prevent the commencement of <br />diversions, by exchange or otherwise, by The Boulder & White Rock <br />Ditch & Reservoir Company that would be in priority in the absence <br />of such leasing program. The Boulder & White Rock Ditch & <br />Reservoir Company shall not, by exchange or otherwise, divert any <br />water in Boulder Creek that is available in-priority for and is <br />being used for instream flow purposes pursuant to the terms and <br />conditions of this decree. <br />8.5 Pursuant to §37-92-304(6), C.R.S., the Court retains <br />jurisdiction over the changes of water rights approved herein for <br />a period of ten (10) years from the date of this decree for <br />reconsideration of the question whether the provisions of this <br />decree are necessary or sufficient to prevent injury to the vested <br />water rights or decreed conditional water rights of others. Any <br />person, within the ten year period, may petition the Court to <br />invoke its retained jurisdiction. Any such petition shall state <br />with particularity the factual basis for requesting that the Court <br />evaluate injury to vested water rights associated with the <br />operation of this decree. Unless other stated herein, the party <br />lodging the petition shall have the burden of going forward to <br />establish the prima facie facts alleged in the petition. If the <br />Court finds those facts to be established, the Board and Boulder <br />shall thereupon have the burden of proof to show: (a) that any <br />modification sought by the Board and Boulder will avoid injury to <br />other water rights, or (b) that any modification sought by the <br />party lodging the petition is not required to avoid injury to other <br />water rights, or (c) that any term or condition proposed by the <br />29 <br />