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2. - The conveyance of the conveyed water rights shall be made <br />within 30 days of the execution of this First Addendum to Agreement <br />by deed in substantially the form of Exhibit A attached hereto. <br />Said conveyance shall reserve to Boulder: <br />a. The right to use water available under the conveyed <br />water rights for its municipal purposes in the <br />event of extraordinary drouth conditions or of <br />emergency conditions involving the loss of water to <br />its municipal system as a result of catastrophic <br />events (such as failure of conveyance or treatment <br />facilities); provided, however, that extraordinary <br />drouth conditions or emergency conditions shall be <br />deemed to exist only if Boulder has implemented 'a <br />conservation program in response to such drouth or <br />emergency which significantly restricts lawn <br />watering and other outdoor uses and only if Boulder <br />has diverted and used the full amount of water <br />available under all of its direct flow water rights <br />other than the conveyed water rights; <br />b. The right to use water available under the conveyed <br />water rights for municipal purposes at any time it <br />may do so without reducing the flow in the <br />specified reach below 15 cfs; and <br />C. The right to use water available under the conveyed <br />water rights for irrigation purposes downstream <br />.from the specified reach, as provided in <br />paragraph 4 below. <br />3. The Board shall use the conveyed water rights solely to <br />maintain an instream flow not exceeding 15 cfs in the specified <br />reach. When such purpose has been accomplished, any remaining <br />water available under the conveyed water rights shall be reserved <br />to Boulder pursuant to paragraph 2.b. above. <br />4. Below the downstream terminus of the specified reach <br />(i.e., below 75th Street) , any legally permissible right to use, <br />re -use or lease the water, water rights, or interests in water <br />acquired by the Board pursuant to this First Addendum to Agreement <br />shall belong exclusively to Boulder. <br />IN WITNESS WHEREOF, the Board and Boulder have executed this <br />First Addendum to Agreement as of the `�"' day of <br />P1( , 1990. <br />CITY OF BOULDER, /,40,;6RADO COLORADO WATER CONSERVATION BOARD <br />By: <br />C1ty a cue Director <br />