Water Right and Instream Flow: CWCB and City of Boulder

• Description: Gunnison River
• State: CO
• Basin: Gunnison
• Water Division: 4
• Date: 7/20/1990
• Author: City of Boulder, CWCB, William McDonald
• Title: Water Right and Instream Flow: CWCB and City of Boulder
• Water Supply Pro - Doc Type: Contract/Agreement

r_1 -
a. The right to use water available to the conveyed
water rights, alone or in combination with the other water listed
in this paragraph 2;
b.. The right to use water available to 1.5 cfs of the
20 cfs decreed to the Boulder City Pipe Line water right in such
amount as may be necessary, alone or in combination with other
water listed in this paragraph 2, to maintain a stream flow
immediately below the Lakewood Inlet not exceeding the lesser of
1.5 cfs or the stream flow immediately above Lakewood Inlet
( "Boulder City Pipe Line water ") . The Boulder City Pipe Line water
� r i ht was decr�edd �nC se No. 5563 Boulder Count Dis r �9, our , n Nove i t ap propriation date of February 19 04.
Boulder shall by -pass water available in priority to the Boulder
City Pipe Line water right at the Lakewood Inlet for the Board's
benefit at rates not to exceed 1.5 cfs and only to the extent
required to achieve flows in the North Boulder Creek /Boulder Creek
specified reach immediately below the Lakewood Inlet not exceeding
the lesser of 1.5 cfs or the stream flow immediately above Lakewood
Inlet; and -
c: The right to use
Boulder pursuant to paragraph lb
water listed in this paragraph 2.
Silver Lake water released by
above, in combination with other
3. Subject to such rights as are reserved 4 by Boulder
pursuant to paragraphs 4, 5 and . 7 below and further subject to the
provisions of paragraphs 7 through 23 of the July 20, 1990
Agreement, Boulder hereby assigns to the Board the following rights
to use water to be used by the Board to maintain instream flows not
exceeding 15 cfs in the specified react.:
a. The right to use Boulder City Pipe Line water by-
passed by Boulder pursuant to paragraph 2b above.
i
4. The assignment of the above - described water ( "assigned
water ") is subject to the following reservation by Boulder:
a. Boulder reserves the right to use the assigned water
for its municipal purposes in'the event of extraordinary drought
conditions or of emergency conditions involving the loss of water
to its municipal system as a result of catastrophic events (such as
failure of conveyance or treatment facilities); provided, however,
that extraordinary drought conditions or emergency conditions shall
be deemed to exist only if Boulder has implemented a conservation
program in response to such drought or emergency which
significantly restricts lawn watering and other outdoor uses and
only if Boulder has diverted and used the full amount of water
available under all of its direct flow water rights other than the
conveyed water rights and the.Boulder City Pipe Line water right;
01