Water Right and Instream Flow: CWCB and City of Boulder

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i 4 HM F, EAL- E . i i'i i E 1 ;'E. OiRDI f.LO "i - i E N0i►ST Ecr,t_JLIiEF; Ca1 CO F'tEG'��F:IiEF, SECOND ADDENDUM TO AGREEMENT AND ASSIGNMENT This Second Addendum to Agreement.and Assignment is made and entered into by and between the Colorado Water Conservation Board ( "Board ") , an agency of the State of Colorado, and the City of Boulder ( "Boulder "), a Colorado municipal corporation, RECITALS A. The Board and Boulder entered into an agreement on July 20, 1990 (hereinafter the "July 20, 1990 Agreement ") and a first addendum to agreement on December 14, 1990 (hereinafter the "First Addendum "). The July 20, 1990 Agreement appears of record in the office of the Boulder County Clerk and Recorder under Reception No. 01060612. The First Addendum appears of record in the office of the Boulder County Clerk and Recorder under Reception No. 01078866. B. The July 20, 1990 Agreement and the First Addendum provide for the conveyance by Boulder to the Board of certain water rights ( "conveyed water rights ") for use by the Board to maintain instream flows in that segment of. the mainstem of Boulder Creek described in paragraph A of the July 20, 1990 Agreement ( "specified reach ") , subject to a reservation by Boulder of the right to use water available under the conveyed water rights for municipal purposes under certain circumstances. The July 20, 1990 Agreement further provides for the assignment by Boulder to the Board of the right to use certain stored water for use by the Board to maintain instream flows in the specified reach under certain circumstances. C. Boulder desires to assist the. Board in maintaining instream flows in the following segments of North Boulder Creek and Boulder Creek upstream of the specified reach: 1. That segment of the mainstem of North Boulder Creek in Boulder County from the Silver Lake Diversion Structure (NWl /4, NWI /4, Section 34, Township 1 North, Range 73 West of the 6th P.M.) to the Lakewood Reservoir North Boulder Creek Inlet ( "Lakewood Inlet ") (NE1 /4, SE1 /4, Section 1, Township 1 South, Range 73 West of the 6th P.M Boulder Creek specified reach "); and 2. That segment of the mainstem of North Boulder Creek and the mainstem of Boulder Creek in Boulder County from the Lakewood Inlet (NE1 /4, SE1 /4, Section 1, Township 1 South, Range 73 West of the 6th P.M.) to the Public Service Company's hydroelectric plant outlet at Orodell (NE1 /4, SW1 /4, Section 34, Township 1 North, Range 71 West of the 6th P.M.) ( "North Boulder Creek /Boulder Creek specified reach "). i D. Subject to the terms of this Second Addendum to Agreement and Assignment, Boulder will assign to the Board the right to use certain stored water and water available to the conveyed water rights to maintain instream flows in the North Boulder Creek