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Boulder Acquisition Agreement
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Boulder Acquisition Agreement
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Last modified
4/15/2016 11:37:31 PM
Creation date
2/2/2011 4:03:29 PM
Metadata
Fields
Template:
Instream Flow Acquisitions
Case Number
1-90CW193A
Stream Name
Boulder Creek
Water Division
1
County
Boulder
Instream Flow Acq - Doc Type
Contracts,MOA/MOU,Leases,Agreements
Supplemental fields
Applicant
City of Boulder Donation
Case Number Issue
Y
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a. The right to use water available to the conveyed <br />water rights, alone or in combination with the other water listed <br />in this paragraph 2; <br />b. The right to use water available to 1.5 cfs of the <br />20 cfs decreed to the Boulder City Pipe Line water right in such <br />amount as may be necessary, alone or in combination with other <br />water listed in this paragraph 2, to maintain a stream flow <br />immediately below the Lakewood Inlet not exceeding the lesser of <br />1.5 cfs or the stream flow immediately above Lakewood Inlet <br />( "Boulder City Pipe Line water "). The Boulder City Pipe Line water <br />,right,was decreed in Case No. 5563 Boulder Count $ist • ur <br />on November 3.W1 0$?, wi appropriation date of February 9, 1904. <br />Boulder shall by -pass water available in priority to the Boulder <br />City Pipe Line water right at the Lakewood Inlet for the Board's <br />benefit at rates not to exceed 1.5 cfs and only to the extent <br />required to achieve flows in the North Boulder Creek /Boulder Creek <br />specified reach immediately below the Lakewood Inlet not exceeding <br />the lesser of 1.5 cfs or the stream flow immediately above Lakewood <br />Inlet; and - <br />c. The right to use Silver Lake water released by <br />Boulder pursuant to paragraph lb . above, in combination with other <br />water listed in this paragraph 2. <br />3. Subject to such rights as are reserved 'by Boulder <br />pursuant to paragraphs 4, 5 and • 7 below and further subject to the <br />provisions of paragraphs 7 through 23 of the July 20, 1990 <br />Agreement, Boulder hereby assigns to the Board the following rights <br />to use water to be used by the Board to maintain instream flows not <br />exceeding 15 cfs in the specified reach: <br />a. The right to use Boulder City Pipe Line water by- <br />passed by Boulder pursuant to paragraph 2b above. <br />4. The assignment of the above- described water ( "assigned <br />water ") is subject to the following reservation by Boulder: <br />a. Boulder reserves the right to use the assigned water <br />for its municipal purposes in the event of extraordinary drought <br />conditions or bf emergency conditions involving the loss of water <br />to its municipal system as a result of catastrophic events (such as <br />failure of conveyance or treatment facilities); provided, however, <br />that extraordinary drought conditions or emergency conditions shall <br />be deemed to exist only if Boulder has implemented a conservation <br />program in response to such drought or emergency which <br />significantly restricts lawn watering and other outdoor uses and <br />only if Boulder has diverted and used the full amount of water <br />available under all of its direct flow water rights other than the <br />conveyed water rights and the Boulder City Pipe Line water right; <br />3 <br />
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