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

F. Subject to the terms of this Agreement, Boulder will
convey by deed to the Board certain water rights for use by the
Board to maintain instream flows in the specified reach, said
conveyance to be subject to a reservation by Boulder of the
right to use water available under the conveyed water rights
for municipal purposes under certain circumstances relating to
extraordinary drouth or emergency conditions in its municipal
water supply, as more fully, described in paragraph 2a below.
In addition, Boulder will. at its discretion, assign to the
Board its right to water stored in its reservoirs.
G. The water rights to be conveyed and the water rights to
be assigned are currently decreed for municipal and other
purposes, but not for instream flow use. The use of the water
rights and the water by the Board for instream flow purposes
will require Water Court approval of various changes of water
rights.
CONVEYANCE OF DIRECT FLOW WATER RIGHTS
1. Subject to such rights as are reserved by Boulder
pursuant to paragraphs 2, 3, and 6 of this Agreement, Boulder
shall convey to the Board the following described water rights
(the "conveyed water rights "):
Farmers Ditch, 13.52 c.f.s. out of 73.29 c.f.s. total
decreed, appropriation date of October 1, 1862;
Anderson Ditch, 1.81 c.f.s. out of 25 c.f.s. total decreed,
appropriation date of October 1, 1860;
Smith and Goss Ditch, 0.4 c.f.s. put of 44.3 c.f.s. total
decreed, appropriation date of. November 15, 1859;
McCarty Ditch, 0.64 c.f.s. out of 5.00 c.f.s. total
decreed, appropriation date of June 1, 1862; and
Harden Ditch, 1.8 c.f.s. out of 21.0 c.f.s. total decreed,
appropriation date of June, 1 1862.
All of the above water rights were originally decregd by the
District Court in and for Boulder County on June 2, 1882, and
all were changed from irrigation to municipal use by decree of
the'Watet Court, Water Division No. 1, in Case Nos. W -7569,
W -7570, and W-- 8520 -77, entered May 31, 1989, subject to the
terms and conditions therein.
2. The conveyance of the conveyed water rights shall be
made within 30 days of the execution of this Agreement by deed
in substantially the form of Exhibit A attached hereto. Said
conveyance shall reserve to Boulder:
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