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• - x.��i ?hc3ai•3 -)3! ^7 •.) ,3;�::} F'�f F'Fi;L I �'Tri'TI RL- .iF;D,c <br />f - "i <�1 }0 CI-ViRLC�TTE FIQL1. T r_i BOULDEF "; C�4 Y Cry RECORDER; <br />DEED <br />STATE 3 6CUENTARY FEE <br />AUG 77 <br />a 7 1990 <br />o This deed is made this IQ day of � rP n ; �' 1990 by the <br />b City of Boulder, Colorado, a Colorado muriipipal corporation <br />(hereinafter the "City "), to the Colorad 0 ilater Conservation <br />Board, an agency of the State of Colorado (hereinafter the <br />"Board "). <br />Subject to reservations hereinafter contained, the City <br />hereby conveys for due and sufficient consideration all of its <br />right, title and interest in the following- described water <br />rights (the "conveyed water rights "): <br />Farmers Ditch, 13.52 cfs out of 73.29 cfs total decreed, <br />appropriation date October 1, 1862; <br />Anderson Ditch, 1.81 cfs out of 25 cfs total.decreed, <br />appropriation date October 1, 1860; <br />Smith and Goss Ditch, 0.4 cfs out of 44.3 cfs total <br />decreed, appr.opriation date November 15, 1859; <br />McCarty Ditch, 0.64 cfs out of 5.00 cfs total decreed, <br />appropriation date June 1, 186 <br />Harden Ditch, 1.8 cfs out of. 21.0 cfs total decreed, <br />appropriation date June 1, 1862. <br />All originally decreed by the District Court in and for Boulder <br />County on June 2, 1882, and changed from irrigation to <br />municipal use by decree of the Water Court, Water Division No. <br />1 in Case Nos. W -7569, W -7570 and W- 8520 -77, entered May 31, <br />1989. <br />The Board shall use the described water rights solely to. <br />maintain an. instream_ flow 'not exceeding 15 cfs' in the specified <br />reach of the mainstem of Boulder Creek in Boulder County from <br />the Public Service Company's hydroelectric plant outlet at <br />Orodell (NE 1/4, SW 1/4, Section 34, Township 1 North, Range 71 <br />West of the 6th P.M.) to the 75th Street Bridge (SW 1/4, <br />Section 13, Township 1 North, Range 70 West of the 6th P.M.) <br />(the "specified reach). The conveyance of the foregoing water <br />rights are subject to the following reservations by the City: <br />a. The City reserves the right to use water available <br />under the conveyed water rights for its municipal <br />purposes in the event of extraordinary drought <br />conditions or of emergency conditions involving the <br />loss of water to its municipal system as a result of <br />catastrophic events (such as failure of conveyance or <br />treatment facilities); provided, however, that <br />extraordinary drought conditions or emergency <br />!I <br />r <br />c>o <br />0 <br />W <br />