Boulder Acquisition Agreement

• Case Number: 1-90CW193A
• Stream Name: Boulder Creek
• Water Division: 1
• County: Boulder
• Instream Flow Acq - Doc Type: Contracts,MOA/MOU,Leases,Agreements

EXHIBIT A
DEED
This Deed is made this d' day of 01 , 1990
by the City of Boulder, Colorado, a Colorado municipal corporation
(hereinafter "Boulder "), to the Colorado Water Conservation Board,
an agency of the State of Colorado (hereinafter the "Board ").
Subject to reservations hereinafter contained, Boulder hereby
conveys for due and sufficient consideration all of its right,
title and interest in the following- described water rights (the
"conveyed water rights "):
Anderson Ditch, 2.4781 shares, 25 cfs total decreed,
appropriation date of October 1, 1860;
Smith and Goss Ditch, 9.4 shares, 44.3 cfs total decreed,
appropriation date of November 15, 1859;
McCarty Ditch, 2.0 shares, 5.0 cfs total decreed,
appropriation date of June 1, 1862.
All originally decreed for irrigation by the District. Court in and
for Boulder County on .June 2, 1882.
The Board shall use the described water rights solely to
maintain an instream flow not exceeding 15 cfs in the specified
reach of the mainstem of Boulder Creek in Boulder County from the
Public Service Company's hydroelectric plant outlet at Oradell
(NE1 /4.SW1 /4, Section 34, Township 1 North, Range 71 West of the
6th P.M.) to the 75th Street Bridge (SW1 /4, Section 13, Township 1
North, Range 70 West of the 6th P.M.) (the "specified reach "). The
conveyance of the foregoing water rights is subject to the
following reservations by Boulder:
a. Boulder reserves the right to use water available under
the conveyed water rights for its municipal purposes in
the event of extraordinary drouth 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 drouth conditions
or emergency conditions shall be deemed to exist only if
Boulder has implemented a conservation program in
response to such drouth 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;
b. Boulder reserves the right to use water available under
the conveyed water rights for municipal purposes at any