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:.�j7397 05/27/92 09:25 AM REAL ESTATE RECORDS <br />Fi 73:5 CHARLOTTE HOUSTON BOULDER CNTY CO RECORDER <br />SECOND ADDENDUM TO AGREEMENT <br />AND .ASSIGNMENT <br />This Second Addendum to Agreement. and Assignment is made and <br />entered into by and between the Colorado Water Conservation Board <br />( "Board "), an agency of the State of Colorado, and the City of <br />Boulder ( "Boulder "), a Colorado municipal corporation, <br />RECITALS <br />A. The Board and Boulder entered into an agreement on July <br />20, 1990 (hereinafter the "July 20, 1990 Agreement ") and a first <br />addendum to agreement on December 14, 1990 (hereinafter the "First <br />Addendum "). The July 20, 1990 Agreement appears of record in the <br />office of the Boulder County Clerk and Recorder under Reception No. <br />01060612. The First Addendum appears of record in the office of <br />the Boulder County Clerk and Recorder under Reception No. 01078866. <br />B. The July 20, 1940 Agreement and the First Addendum <br />provide for the conveyance by Boulder to the Board of certain water <br />rights ( "conveyed water rights ") for use by the Board to maintain <br />instream flows in that segment of the mainstem of Boulder Creek <br />described in paragraph A of the July 20, 1990 Agreement ( "specified <br />reach "), subject to a reservation by Boulder of the right to use <br />water available under the conveyed water rights for municipal <br />purposes under certain circumstances. The July 20, 1990 Agreement <br />further provides for the assignment by Boulder to the Board of the <br />right to use certain stored water for use by the Board to maintain <br />instream flows in the specified reach under certain circumstances. <br />C. Boulder desires to assist the. Board in maintaining <br />instream flows in the following segments of North Boulder Creek and <br />Boulder Creek upstream of the specified reach: <br />1. That segment of the mainstem of North Boulder Creek <br />in Boulder County from the Silver Lake Diversion Structure (NW1 /4, <br />NW1 /4, Section 34, Township 1 North, Range 73 West of the 6th P.M.) <br />to the Lakewood Reservoir North Boulder Creek Inlet ("Lakewood <br />Inlet ") (NE1 /4, SEI /4, Section 1, Township 1 South, Range 73 West <br />of the 6th P.M.)( "North Boulder Creek specified reach "); and <br />2. That segment of the mainstem of North Boulder Creek <br />and the mainstem of Boulder Creek in Boulder County from the <br />Lakewood Inlet (NE1 /4, SE1 /4, Section 1, Township 1 South, Range 73 <br />West of the 6th P.M.) to the Public Service Company's hydroelectric <br />plant outlet at Orodell (NE1 /4, SW1 /4, Section 34, Township 1 <br />North, Range 71 West of the 6th P.M.)( "North Boulder Creek /Boulder <br />Creek specified reach "). <br />D. Subject to the terms of this Second Addendum to Agreement <br />and Assignment, Boulder will assign to the Board the right to use <br />certain stored water and water available to the conveyed water <br />rights to maintain instream flows in the North Boulder Creek <br />