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<br />. " <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />Consent Agenda [tern 4-4(a) <br />Case No. 1-94CW284; City of Boulder <br /> <br />Introduction <br /> <br />The Board ratified the statement of opposition filed in this case at its March 13, 1995, meeting. The <br />Board has several decreed and pending instrearIl flow water rights on Boulder Creek and its <br />tributaries that may be injured by this application. The Board's main objective in filing a <br />statement of opposition in this case was to refrain the Applicant from diverting water by <br />substitution and exchange at upstream alternate points of diversion at times when the Board's <br />instream flow rights are not being satisfied. Staff, in cooperation with the Attorney General's <br />Office, is currently negotiating a settlement that would fully protect the Board's instream flow water <br />rights. However, since the trial is set for May 8, 2000 (before the Board's May meeting), staff is <br />requesting authorization to proceed to trail, in case a stipulation is not signed before the trial. <br /> <br />Case Summarv and Description of the Board's Water Ri~hts <br /> <br />Applicant proposes to transfer direct flow water rights decreed to the Lower Boulder Reservoir and <br />Ditch Company and storage water decreed to Baseline Land and Reservoir Company from <br />irrigation to municipal purposes. Applicant is also seeking adjudication of appropriative rights of <br />substitution and exchange, whereby water available under Applicant's shares of the Lower Boulder <br />Ditch or released from Baseline Reservoir is left in Boulder Creek to supply downstream <br />appropriators and an equivalent amount of water is diverted from several structures on Middle <br />Boulder Creek and/or North Boulder Creek. Applicant claims a maximum rate of diversion by <br />substitution and exchange from the Lower Boulder Ditch of 5.185 cfs and that from Baseline <br />Reservoir of 50 cfs, under appropriation dates of December 30, 1993 and July 19, 1994, <br />respectively. <br /> <br />The Board holds the following instream flow rights which could be injured by this application (see <br />attached map): <br /> <br />Case No. <br />l-74W7636 <br />1-79CW308 <br />1-90CW193 <br />1-80CW379 <br />1-80CW379 <br />1-94CW018 <br />1-94CW019 <br />1-94CW020 <br />1-78W9375 <br /> <br />Stream <br />Boulder Creek <br />Boulder Creek <br />Boulder Creek <br />South Boulder Creek <br />South Boulder Creek <br />Boulder Creek <br />North Boulder Creek <br />North Boulder Creek <br />Middle Boulder Creek <br /> <br />Amount (efs) <br />15 <br />I <br />Various Donations <br />15/6 <br />15/2 <br />15/6 <br />5/2 <br />4/1.5 <br />12 <br /> <br />Appropriation Date <br />10/1173 <br />6/111862 <br />Various <br />12/2/80 <br />12/2180 <br />11/10/93 <br />11110/93 <br />11/10/93 <br />7/11/78 <br />