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'I1 06061f }$/ 27/ O • =.;f, : 4 P REAL E RECORD <br />F" 1 6.4') CHr :L(JT"f E HtJUA TON BOULDER CNTY cJ RECORDER <br />AGREEMENT <br />The Colorado Water Conservation Board ( "Board "), an agency <br />of the State of Colorado, and the City of Boulder ( "Boulder "), <br />a Colorado municipal corporation. in consideration of the <br />mutual promises contained in this document, agree as follows: <br />RECITALS <br />A. The Board is the owner of a 15 cubic foot per second <br />( "c.f.s. ") instream flow water right to maintain a minimum <br />stream flow to protect the natural environment to a reasonable <br />degree in that segment of the mainstem of Boulder Creek in <br />Boulder County from the Public Service Company's hydroelectric <br />plant outlet at Orodell (NE 1/4, SW 1/4, Section 34..Township 1 <br />North, Range 71 West of the 6th P.M.) to the 75th Street Bridge <br />(SW 1/4, Section 13, Township 1 North, Range 70 West of the 6th <br />P.M.) (the* "specified reach "), which water right (the "1974 <br />right") was decreed on January 21, 1980, in Case No. W- 7636 -74, <br />with an appropriation date of October 1, 1973. The Board is <br />also the owner of a water right for 1.0 c.f.s., originally <br />decreed to the G. Berkley Ditch, appropriation date June 1, <br />1862, decreed in Boulder County District Court on June 2, 1882, <br />and changed from irrigation to instream flow purposes in Case <br />No. 79CW308 on May 13, 1981 (the "Berkley Ditch right "). <br />B. Pursuant to section 37- 92- 102(3), C.R.S. (1989 Supp.), <br />the Board is vested with statutory authority to acquire, by <br />contractual agreement, such water, water rights, or interests <br />in water as the Board determines may be required for minimum <br />stream flows to preserve the natural environment to a <br />reasonable degree. <br />C. The Board determined and the court decreed, in <br />connection with the filing of the application for the 1974 <br />right, that the natural environment in the specified reach can <br />be preserved to a reasonable degree with a stream flow of 15 <br />c.f.s. <br />E. Boulder wants to assist the Board in maintaining <br />instream flows in the specified reach at times when the Board's <br />two decreed instream flow rights as described in paragraph A <br />above do not yield 15 c.f.s. As part of its Raw Water Master <br />Plan dated September 15, 1988, approved by the Boulder City <br />Council on December 20, 1988, Boulder committed itself to the <br />goal of maintaining instream flows of up to 15 c.f.s. in the <br />specified reach. <br />2294E- <br />D. Boulder acknowledges that, under Colorado law, no <br />person or entity other than the Board shall be granted a decree <br />adjudicating a right to water or interests in water for <br />instream flows in a stream channel between specific points for <br />any-purpose whatsoever. <br />