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

b. Boulder reserves the right to use such amounts of
the Silver Lake water as Boulder determines from time to time, in
its sole discretion, to be necessary to maintain adequate carryover
storage in Silver Lake Reservoir to meet municipal water
requirements;
c. Boulder reserves the right to use such amounts of
the Silver Lake water as Boulder determines from time to time, in
its sole discretion, to be necessary . for maintenance of fish
habitat in Silver Lake Reservoir for the protection of greenback
cutthroat trout;
d. Boulder reserves the right to use the Silver Lake
water and water available under the conveyed water rights for
municipal purposes at any time may do so without reducing the
flow in the North Boulder Creek specified reach below 4.5 cfs and
without reducing the flow in the North Boulder Creek /Boulder Creek
specified reach below the lesser of 1.5 cfs or the stream flow
immediately above Lakewood Inlet;
e. Boulder reserves the right to use the Boulder City
Pipe Line water for municipal purposes at any time it may do so
without reducing the flow. in the specified reach below 15 cfs and
without reducing the flow in the North Boulder Creek /Boulder Creek
specified reach below the lesser of 1.5 cfs or the stream flow
immediately above.Lakewood Inlet; and
f. Boulder reserves the right to use the Silver Lake
water and the Boulder City Pipe Line water for irrigation purposes
downstream from the North Boulder Creek /Boulder Creek specified
reach, as provided in paragraph 7 below.
5. The Board shall use the Silver Lake water and the water
available to the conveyed water rights and assigned hereunder
solely to maintain an instream flow - in .the North Boulder Creek
specified reach not ... exceeding 4.5 cfs and in the North Boulder
Creek /Boulder Creek specified reach not exceeding the lesser of
. 1.5 cfs or the streamflow immediately above Lakewood Inlet. The
Board shall use the Boulder City Pipe Line water solely to maintain
an instream flow in the specified reach not exceeding 15 cfs and in
the North Boulder Creek /Boulder Creek specified reach not exceeding
the lesser of 1.5 cfs.or the streamflow immediately above Lakewood
Inlet. When such purposes have been accomplished, any remaining
Silver Lake water, Boulder City Pipe Line water or water available
to the conveyed water rights shall be reserved to Boulder pursuant
to paragraphs 4d and 4e above.
6. The flow rate limitations contained in paragraphs.1 and
2 above apply solely to the assignment of water by Boulder to the
Board under this Second Addendum to Agreement and Assignment and
are in no way intended to limit the Board's determination of the
amount of water necessary to preserve the natural environment to a
4