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 30
Board and Boulder in response to any petition does avoid injury to
other water rights. Such petition shall be filed with the Court
under the above styled caption and case number and shall be served
by certified mail, return receipt requested, on counsel of record
for all parties who have appeared herein. If no such petition is
lodged within the ten year period, and if the retained jurisdiction
period is not extended by the Court in accordance with the
provisions of the statute, this decree shall become final under its
own terms.
8.6 The parties recognize that Boulder's present wastewater
treatment is at its plant near 75th Street. In the event at any
time in the future that Boulder changes the location of its
discharge to a point below any existing points of diversion or
changes the method of treatment to one which is significantly more
consumptive than the present one, the changes of water rights
described in Parts III and V and approved herein shall be subject
to reconsideration on the question of injurious effect on the
vested rights of others. Boulder shall provide notice to all
objectors if there is a change in location of the discharge point
or change in the method of treatment.
8.7 Furthermore, this decree shall be subject to
reconsideration at any time in the future regarding any asserted
change in Boulder's municipal consumptive use pattern. Boulder
shall monitor the municipal consumptive use pattern within its
service area. Any material change in municipal consumptive use
resulting from actual changes in the pattern of consumptive uses of
water in the Boulder water supply system rather than from changes
in the engineering methodologies or assumptions used to estimate
such consumptive uses shall be prima facie evidence of injury with
respect to the changes of water rights described in Parts III and
V and approved herein. Boulder shall provide notice to all
objectors if there is a material change in municipal consumptive
use.
8.8 In addition to the retained jurisdiction provisions set
forth above, any person may in the future file a petition with the
Court for the purpose of reviewing the sufficiency of applicants'
accounting, monitoring and reporting system, the sufficiency of the
measuring and recording devices, the adequacy of the Division
Engineer's administration of this decree, and the adequacy of the
replacement water described in paragraph 4.10 (3).
8.9 Nothing in this decree is intended to authorize or to
prevent or limit any further or additional donations of water,
water rights, or interests in water by Boulder to the Board
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