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

a. 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. The right to use water available under the conveyed
water rights for municipal purposes at any time it may do
. so without reducing the flow in the specified reach below
15 c.f.s.; and
c. The right to use water available under the conveyed
water rights for irrigation purposes downstream from the
specified reach. as provided in paragraph 6 below.
3.. The Board shall use the conveyed water rights solely to -
maintain an instream flow not exceeding 15 c.f.s. in the
specified reach. When such purpose has been accomplished, any
remaining water available under the conveyed water rights shall
be reserved to Boulder pursuant to paragraph 2b above.
ASSIGNMENT OF THE RIGHT TO USE STORED WATER
4. Boulder shall assign to the Board its right to use such
stored water as it determines from time to time, in its sole
discretion, to be available for release from reservoirs in
Boulder's municipal watershed or in Barker Reservoir. The
Board shall use such releases of stored water .solely for
instream flow purposes in the specified reach. Boulder shall
provide reasonable notice to the Board as to the availability•
of such storage water and shall make releases of such water for
the Board's benefit only to the extent required to achieve
flows not exceeding 15 c.f.s. in the specified reach.
BY- PASSED EXCHANGE WATER
5. Boulder has an appropriatioe right of exchange decreed
in Case No. W- 7852 -74, entered as amended on September 15,
1982, which allows it to release water from Boulder Reservoir
or Baseline Reservoir and to divert or to store water in its
system in amounts up to 250 c.f.s.. The appropriation date is
December 31, 1954, and the application was filed in 1974,
making this exchange right just senior to the Board's 1974
right. Boulder also has a stipulation with the Boulder and
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