1-79CW308

• Case Number: 79CW0308
• Stream Name: Boulder Creek
• Watershed: Boulder Creek
• Water Division: 1
• Water District: 6
• County: Boulder
• Instream Flow Acq - Doc Type: Contracts, MOA/MOU, Leases, Agreements

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Contlfol 5512.
,34-02-00

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CONTRACT

THIS CONTRACT made this 22nd day of

June

1973 by

and between T}lli NATURE CONSERVANCY, a District of Columbia non-

profit corporation, (hereinafter "Conservancy"), and the STATE

OF COLORADO for the use and benefit of the DEPARTl'IENT OF NATURAL
RESOURCES, acting by and through the DIVISION OF WILDLIFE, and
the COLORADO WATER CONSERVATION BOARD (hereinafter "the State");

W I T,~,E SSE T H :

WHEREAS, authority exists in the Law, and Funds have been
budgeted, appropriated and otherwise made available and sufficient
unencumbered balance thereof remains available for payment in
F~~d Number 4001, G/L Account, Number 5243, Contract Encumber Num-

ber

CI0217S: '

;. for payment of consideration herein;

WHEREAS, required approval, clearance and coordination has
been accomplished from and with appropriate agencies of the State
of Colorado; and

tfHEREAS, the Conservancy has obtained a specific performance,

contingent contract for the purchase of the G. Berkley Ditch

which is useful for the maintenance of minimum stream flow condi-

tions of a certain segment of Boulder Creek;
WHEREAS, the Conservancy wishes to sell, and the State
wishes to buy, subject to certain conditions, the G. Berkley

Ditch water right; and
WHEREAS, in order to take title by Warranty Deed, a quiet

title proceeding is necessary, and, further, the purpose of the
State requires that a change in water right from irrigation to
instream.use.must be decreed in the Water Court.

NO~, THEREFORE, in consideration of these premises and

the covenants, terms and conditions contained hereinafter and
other good and valuable consideration. the parties hereto agree
as fo 110;1s :