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<br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />rJHK-Uq-i:UU;S TUt 10: 06 AM TROUT WITWER & FREEMAN <br /> <br />FAX NO, 3038324465 <br /> <br />p, 23 <br /> <br />After contracting for the transfer ofwster rights, Boulder and CWCS filed a joint <br />petition for a decree from the Colorado water coun to use the water rights and storage <br />releases for instream flow. The filing was ~ontested by eight stream users, but the City of <br />Boulder and CWCB received approval oftre change of use and ajoint decree for instream <br />and municipal use after settling with seven of the eight objectors, and prevailing at a trial <br />over the eighth objector, <br /> <br />Specifically, the city's instream flow program provides flows of 4 ofs in summer <br />and 1.5 cfs in winter above the USFS area:at issue (from the Silver Lake Diversion to the <br />Lakewood inlet). On the national forest, afid downstream to the confluence with Middle <br />Boulder Creek, the program protects 5 cfs! in the summer and 2 ofs :n the winter. From <br />the confluence of the creeks down to Oroqell, IS ofs is protected for minimum insueam <br />flows in the surruner and 6 cfs is protectediin the winter, Below Orodellto 75th Street <br />(through the City of Boulder), 1 S cfs can qe protected year-round. <br /> <br />The USFS was at first unwilling toi accept the city/eWCS instream flow program <br />in lieu of a hypass flow due to its uncertai~ty that the CWCB would maintain the instream <br />flow right over which it had control underi Colorado law. However, after extensive <br />negotiations, the City and the Forest servi\;e entered into an agreement to resolve these <br />issues, In particular, under the agreemen~ the instrearn flow protections included in the <br />City's contract with the CWCB suffice fo~ national forest purposes so long as the contract <br />remains in effect and so long as the CWC$ upholds and protects those instream flows.Π<br />VIll-12 <br /> <br />- <br />