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

EXHIBIT A
DEED
This deed is made this day of 1990 by the
City of Boulder, Colorado, a Colorado municipal corporation
(hereinafter the "City "), to the Colorado Water Conservation .
Board, an agency of the State of Colorado (hereinafter the
"Board ").
Subject reservations hereinafter contained, the City
hereby conveys for due and sufficient consideration all of its
right, title and interest in the following- described water
rights (the "conveyed water rights "):
Farmers Ditch. 13.52 cfs out of 73.29 cfs total decreed.
appropriation date October 1, 1862; •
Anderson Ditch, 1.81 _cfs out of 2S cfs total decreed,
appropriation date October 1, 1860;
Smith and Goss • Ditch, 0.4 cfs out of 44.3 cfs total
decreed. appropriation date November 15, 1859;
McCarty Ditch, 0.64 cfs out of 5.00 cfs total decreed,
appropriation date June 1. 1862.
Harden Ditch. 1.8 cfs out of 21.0 cfs total decreed,
appropriation date June 1, 1862.
All originally decreed by the District Court in and for Boulder
County on June 2, 1882, and changed from irrigation to
municipal use by decree of the Water Court. Water Division No.
1 in Case Nos. W- 7569, W -7570 and W- 8520 -77, entered May 31,
1989.
The Board shall use the described water rights solely to
maintain an instream flow not exceeding 15 cfs in the specified
reach of the mainstem of Boulder Creek in Boulder County from
the Public Service Company's hydroelectric plant outlet at •
Orodell (NE 1/4, SW 1/4, Section 34, Township 1 North, Range 71
West of the 6th P.M.) to the 75th Street Bridge (SW 1/4,
Section 13, Township 1 North, Range 70 West of the 6th P.M.)
(the "specified reach). The conveyance of the foregoing water
rights are subject to the following reservations by the City:
a. The City reserves the right to use water available
under the conveyed water rights for its municipal
purposes in the event of extraordinary drought
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 drought conditions or emergency
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