Water Right and Instream Flow: CWCB and City of Boulder

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�? j' '.''.:J ( l :''> ..:1 r I " i•.� i"•: � .-1 I._ I:. � � i'; �_ I^ (f I': rJ F }ry1 i_11.I I •.L_tiiT'F F�0U, T'CiT.l L;iitil_i ";1 =F: C;4 "f't' f":LCrF,DE AGREEMENT The Colorado Water Conservation Board ( "Board "), an agency of the State of Colorado, and the City of Boulder ( "Boulder "), a Colorado municipal corporation, in consideration of the mutual promises contained in this document, agree as follows: RECITALS A. The Board is the owner of a 15 cubic foot per second ( "c.f.s.") instream flow water right to maintain a minimum stream flow to protect the natural environment to a reasonable degree in that segment of the mainstem of Boulder Creek in Bou lder County from the Public Service Company's hydroelectric plant outlet at Orodell (NE 1/4, SW 1/4, Section 34,.Township 1 North, Range 71 West of the 6th P.M.) to the 75th Street Bridge (SW 1/4, Section 13, Township 1 North, Range 70 West of - the 6th P.M.) (the "specified reach "), which water right (the 11 1974 right ").was decreed on January 21, 1980, in Case No. W- 7636 -74, with an appropriation date of October 1, 1973. The Board is also the owner of a water right for 1.0 c.f.s., originally decreed to the G. Berkley Ditch, appropriation date June 1, 1862, decreed in Boulder County District Court on June 2, 1882, and changed from irrigation to instream flow purposes in Case No. 79CW308 on May 13, 1 (the "Berkley Ditch right "). - B. Pursuant to section 37 -92- 102(3), C.R.S. (1989 Supp.), the Board is vested with statutory authority to acquire, by contractual agreement, such water, water rights, or interests in water as the Board determines may be required for minimum stream flows to preserve the natural environment to a reasonable degree. C. The Board determined and the court decreed, in connection with the filing of the application for the 1974 right, that the natural environment in the specified reach c.an be preserved to a reasonable degree with a stream flow of 15 c.f.s. D. Boulder acknowledges that, under Colorado law, no person or entity other than the Board shall be granted a decree _ adjudicating a right to water or interests in water for instream flows in a stream channel between specific points for any - purpose whatsoever. E. Boulder wants to assist the Board in maintaining instream flows in the specified reach at times when the Board's two decreed instream flow rights as described in paragraph A above do not yield 15 c.f.s. As part of its Raw Water Master Plan dated September 15, 1988, approved by the Boulder City Council on December 20, 1988, Boulder committed itself to the goal of maintaining instream flows of up -to 15 c.f.s. in the specified reach. 1 2294E-