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.-01078866 _/17/90 11:55 Ate REAL EST E RECORDS <br />F1654 CHARLOTTE HOUSTON BOULDER CITY CO RECORDER � — t <br />FIRST ADDENDUM TO AGREEMENT <br />This First Addendum to Agreement is made.and entered into by <br />and between the Colorado Water Conservation Board ( "Board "), an <br />agency of the State of Colorado, and the City of Boulder <br />( "Boulder ") , a Colorado municipal corporation, <br />RECITALS <br />A. The Board and Boulder entered into an agreement on <br />July 20, 1990 (hereinafter the "July 20, 1990 Agreement ") . The <br />July 20, 1990 Agreement appears of record in the office of the <br />Boulder County Clerk and Recorder under Reception No. 01060612. <br />B. The July 20, 1990 Agreement provides for the conveyance <br />by Boulder to the Board of certain water rights for use by the <br />Board to maintain instream flows in that seg - went of the mainstem of <br />Boulder Creek described in paragraph A thereof ( "specified reach ") , <br />subject to a reservation by Boulder of the right to use water <br />available under the conveyed water rights for municipal purposes <br />under certain circumstances. <br />C. Boulder owns certain additional water rights that it <br />desires to convey to the Board under the same terms and conditions <br />as are set forth in the July 20, 1990 Agreement. The additional <br />water rights to be conveyed are currently decreed for irrigation <br />purposes, but not for municipal purposes or instream flow use. The <br />use of these additional water rights and the water by the Board for <br />instream flow purposes will require water court approval of various <br />changes of water rights. <br />CONVEYANCE OF DIRECT FLOW WATER RIGHTS <br />1. Subject to such rights as are reserved by Boulder <br />pursuant to paragraphs 2, 3 and 4 of this First Addendum to <br />Agreement and further subject to the provisions of paragraphs 7 <br />through 23 of the July 20, 1990 Agreement, Boulder shall convey to <br />the Board the following described water rights (the "conveyed water <br />rights "). <br />Anderson Ditch, 2.4781 shares, 25 cfs total 'decreed, <br />appropriation date of October 1, 1860; <br />Smith and Goss Ditch, 9.4 shares, 44.3 cfs total decreed, <br />appropriation date of November 15, 1859; and <br />McCarty Ditch, 2.0 shares, 5.0 cfs total decreed, <br />appropriation date of June 1, 1862. <br />All of the above water rights were originally decreed for <br />irrigation by the District Court in and for Boulder County on <br />June 2, 1882. <br />